EB v GB [2020] NSWSC 1291

EB v GB [2020] NSWSC 1291

The Court found that, where no active opposition exists from the party with the primary right to confidentiality, and the documents are to be used for making or responding to legitimate disciplinary complaints, the interests of the proper administration of justice justify the grant of leave to use the documents, and costs should follow the event from the first return date.

Parties
First Applicant: GB; Second Applicant: SB; Third Applicant: RB; Respondent: FA
Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Interlocutory Application / Post Manager Appointment; Consequential/interlocutory Orders
Outcome
Orders granted to allow use of documents for disciplinary purposes; costs ordered as specified.
Legal Topics
Harman Undertaking, Use of Court Documents, Disciplinary Complaints, Costs in Interlocutory Proceedings
Civil Procedure Equity Harman Undertaking Use of Court Documents Disciplinary Complaints Costs in Interlocutory Proceedings

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Parties

GB

First Applicant

SB

Second Applicant

RB

Third Applicant

FA

Respondent

Procedural Posture

Interlocutory Application / Post Manager Appointment; Consequential/interlocutory Orders

Legal Issues

  1. 1 Whether leave should be granted to use documents protected by the Harman undertaking for disciplinary purposes
  2. 2 Whether costs should follow the event in interlocutory applications related to the Harman undertaking

Ratio Decidendi

The Court found that, where no active opposition exists from the party with the primary right to confidentiality, and the documents are to be used for making or responding to legitimate disciplinary complaints, the interests of the proper administration of justice justify the grant of leave to use the documents, and costs should follow the event from the first return date.

Court Disposition

Orders granted to allow use of documents for disciplinary purposes; costs ordered as specified.

Orders

  • Order in terms of prayer 1 of the amended notice of motion filed by the defendants on 3 June 2020.
  • Order in terms of prayer 1 of the notice of motion filed by the applicant to that notice of motion on 20 August 2020.