Inlon Pty Ltd v Farmgard Pty Ltd [2019] NSWSC 718

Inlon Pty Ltd v Farmgard Pty Ltd [2019] NSWSC 718

Leave should be granted to file ASOC 2 because the defendants did not object to its form or to leave being granted. Although the motion costs arose from an imperfect pleading, the amendments were made pursuant to leave and only one amended statement of claim was sought to be filed, so the appropriate costs order was not the full order sought by the defendants. The incorrect Exhibit should be kept confidential and suppressed because it contained confidential client names and detailed costings that could be used against the plaintiff, notwithstanding its return by the defendants' solicitors. The Annual Reports and the single-page profit contribution document did not warrant confidentiality...

Jurisdiction
Australia
Judgment Date
24 June 2018
Procedural Posture
Practice and Procedure: Leave to Amend Statement of Claim, Confidentiality of Documents Served in Error, Costs / Interlocutory Proceedings
Outcome
The plaintiff was directed to file a minute of orders consistent with the reasons, including leave to file ASOC 2 and confidentiality and suppression of the incorrect Exhibit.
Legal Topics
['leave to Amend Statement of Claim' 'confidentiality of Documents Served in Error' 'suppression and Non Publication Orders' 'costs']
['practice and Procedure' 'civil Procedure'] ['leave to Amend Statement of Claim' 'confidentiality of Documents Served in Error' 'suppression and Non Publication Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure: Leave to Amend Statement of Claim, Confidentiality of Documents Served in Error, Costs / Interlocutory Proceedings

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to file and serve the second version of the Amended Statement of Claim.' "Whether the plaintiff should be ordered to pay the defendants' costs thrown away by the amendments and the costs of the Notice of Motion and Amended Motion insofar as they relate to the amendments." 'Whether confidentiality or suppression orders should be made for the exhibits and the incorrect Exhibit served in error.']

Ratio Decidendi

Leave should be granted to file ASOC 2 because the defendants did not object to its form or to leave being granted. Although the motion costs arose from an imperfect pleading, the amendments were made pursuant to leave and only one amended statement of claim was sought to be filed, so the appropriate costs order was not the full order sought by the defendants. The incorrect Exhibit should be kept confidential and suppressed because it contained confidential client names and detailed costings that could be used against the plaintiff, notwithstanding its return by the defendants' solicitors. The Annual Reports and the single-page profit contribution document did not warrant confidentiality...

Court Disposition

The plaintiff was directed to file a minute of orders consistent with the reasons, including leave to file ASOC 2 and confidentiality and suppression of the incorrect Exhibit.

Orders

  • ['The plaintiff is to file a minute of the orders consistent with the reasons for judgment.' 'Leave is to be granted to file the second version of the Amended Statement of Claim.' 'The incorrect Exhibit served and returned is to be rendered confidential or continued as confidential.' 'An order is to be made under...