Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd (No 2) [2009] FCA 334

Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd (No 2) [2009] FCA 334

The documents produced in response to paragraphs 2, 3 and 4 of the Notice to Produce had sufficient apparent relevance to the plaintiffs' interlocutory application, including the manner in which payments to the first and second defendants were dealt with and a claim concerning property registered in the third defendant's name, to warrant granting access in the first instance to plaintiffs' counsel subject to strict undertakings.

Jurisdiction
Australia
Judgment Date
01 April 2009
Procedural Posture
Interlocutory Application in Proceedings Involving Mareva Relief / Part Heard Application for Interlocutory Relief; Determination of Access to Documents Produced Under a Notice to Produce
Outcome
Access to the documents produced in packets numbered 2, 3 and 4 was granted to counsel for the plaintiffs on undertakings, and the documents could be uplifted for inspection before 2:15pm.
Legal Topics
['mareva Relief' 'interlocutory Relief' 'notice to Produce' 'inspection of Documents Produced to the Court' 'confidentiality Undertakings']
['civil Procedure'] ['mareva Relief' 'interlocutory Relief' 'notice to Produce' 'inspection of Documents Produced to the Court' 'confidentiality Undertakings']

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Procedural Posture

Interlocutory Application in Proceedings Involving Mareva Relief / Part Heard Application for Interlocutory Relief; Determination of Access to Documents Produced Under a Notice to Produce

Legal Issues

  1. 1 ["Whether counsel for the plaintiffs should be granted access to documents produced to the Court by the defendants in response to paragraphs 2, 3 and 4 of the Notice to Produce despite the defendants' objection to inspection." "Whether the produced documents had sufficient apparent relevance to the plaintiffs' application for Mareva relief and the question whether there was a serious issue to be tried."]

Ratio Decidendi

The documents produced in response to paragraphs 2, 3 and 4 of the Notice to Produce had sufficient apparent relevance to the plaintiffs' interlocutory application, including the manner in which payments to the first and second defendants were dealt with and a claim concerning property registered in the third defendant's name, to warrant granting access in the first instance to plaintiffs' counsel subject to strict undertakings.

Court Disposition

Access to the documents produced in packets numbered 2, 3 and 4 was granted to counsel for the plaintiffs on undertakings, and the documents could be uplifted for inspection before 2:15pm.

Orders

  • ['Access to the documents produced to the Court by the defendants and contained in the packets numbered 2, 3 and 4 to counsel for the plaintiffs on their undertaking to the Court not to copy any of the documents, not to show any of the documents to any person and not to disclose the contents of any of the documents...