Volpes v Permanent Custodians Limited [2005] NSWSC 111

Volpes v Permanent Custodians Limited [2005] NSWSC 111

There is a serious question to be tried as to whether settlement offer correspondence is confidential in equity and whether disclosure to the litigation funder Liberty should be restrained pending determination of the stay application based on alleged abuse of process. An interlocutory injunction is warranted to restrain disclosure until further order.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Interlocutory Motion / Interlocutory Injunction
Outcome
Interlocutory injunction ordered
Legal Topics
['injunctions' 'confidentiality' 'settlement Offers' 'third Party Litigation Funding' 'abuse of Process']
['equity' 'consumer Credit'] ['injunctions' 'confidentiality' 'settlement Offers' 'third Party Litigation Funding' 'abuse of Process']

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Procedural Posture

Interlocutory Motion / Interlocutory Injunction

Legal Issues

  1. 1 ["Whether correspondence marked 'without prejudice' and 'confidential – not to be disclosed to any third party' contains confidential information protected in equity" 'Whether disclosure to third-party funder should be restrained by injunction' 'Whether proceedings should be stayed as an abuse of process']

Ratio Decidendi

There is a serious question to be tried as to whether settlement offer correspondence is confidential in equity and whether disclosure to the litigation funder Liberty should be restrained pending determination of the stay application based on alleged abuse of process. An interlocutory injunction is warranted to restrain disclosure until further order.

Court Disposition

Interlocutory injunction ordered

Orders

  • ['Plaintiffs restrained from disclosing contents of without prejudice offers of settlement to Liberty Finance Pty Ltd up to determination of claim in paragraph 1 of the notice of motion filed 2 December 2004 or earlier order.' 'Costs of the notice of motion to be costs in the proceedings on paragraph 1 of the notice...