Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2014] NSWSC 180

Ezystay Systems Pty Ltd v Link 2 Pty Ltd [2014] NSWSC 180

The notice of motion was dismissed because the matters allegedly not disclosed were not material to the ex parte search order application, or had been sufficiently placed before the Court. The plaintiffs' claims were based on alleged breaches of the Deed concerning return of property, confidential information and intellectual property, not on a restraint against competition or dealings with Bar Broadway. The evidence did not support loss of confidentiality through dealings with Bar Broadway or ELC. The alleged lack of evidence of destruction risk or urgency was not a basis to disturb the discretionary orders, and there was no material change in circumstances or demonstrated need...

Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Interlocutory Applications / Notice of Motion to Set Aside Ex Parte Search Orders and Confidentiality Orders
Outcome
Notice of motion dismissed with costs.
Legal Topics
['search Orders' 'ex Parte Applications' 'duty of Full and Frank Disclosure' 'confidential Affidavits' 'confidential Information' 'preservation of Evidence']
['practice and Procedure' 'equity'] ['search Orders' 'ex Parte Applications' 'duty of Full and Frank Disclosure' 'confidential Affidavits' 'confidential Information' 'preservation of Evidence']

Case Brief

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Procedural Posture

Interlocutory Applications / Notice of Motion to Set Aside Ex Parte Search Orders and Confidentiality Orders

Legal Issues

  1. 1 ['Whether the plaintiffs breached their duty to disclose material facts on the ex parte application for search orders.' 'Whether the search orders should be set aside because the defendants were entitled to compete with the plaintiffs or deal with Bar Broadway.' 'Whether alleged disclosure of confidential material to third parties meant confidentiality had been lost and should have been disclosed to the Court.' 'Whether there was sufficient basis concerning threat of destruction or urgency to disturb the search orders.' 'Whether the confidentiality orders over the affidavits of David James Ritchie and Jon Davis should be set aside or varied.']

Ratio Decidendi

The notice of motion was dismissed because the matters allegedly not disclosed were not material to the ex parte search order application, or had been sufficiently placed before the Court. The plaintiffs' claims were based on alleged breaches of the Deed concerning return of property, confidential information and intellectual property, not on a restraint against competition or dealings with Bar Broadway. The evidence did not support loss of confidentiality through dealings with Bar Broadway or ELC. The alleged lack of evidence of destruction risk or urgency was not a basis to disturb the discretionary orders, and there was no material change in circumstances or demonstrated need...

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ["The defendants' notice of motion filed on 4 September 2013 be dismissed;" "The defendants pay the plaintiffs' costs of the motion."]