Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208

Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208

There was no error in the exercise of the primary judge’s discretion in refusing access to and use of the materials subject to the Harman undertaking, nor in the application of Practice Note SC Gen 2; the requirements for departure from the Harman undertaking and access to documents were not met as no exceptional or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Orders—refusal of Leave
Outcome
Application for leave to appeal dismissed with no order as to costs.
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'practice and Procedure' 'implied Undertaking (harman Restriction)' 'access to Court Documents']
['civil Procedure'] ['leave to Appeal' 'interlocutory Orders' 'practice and Procedure' 'implied Undertaking (harman Restriction)' 'access to Court Documents']

Source-derived case record

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

Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Orders—refusal of Leave

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders relating to access and use of documents on another court file and the application of the Harman undertaking' 'Whether the primary judge erred in applying Practice Note SC Gen 2 and the standard for granting leave to depart from the Harman restriction']

Ratio Decidendi

There was no error in the exercise of the primary judge’s discretion in refusing access to and use of the materials subject to the Harman undertaking, nor in the application of Practice Note SC Gen 2; the requirements for departure from the Harman undertaking and access to documents were not met as no exceptional or special circumstances were established by the applicant.

Court Disposition

Application for leave to appeal dismissed with no order as to costs.

Orders

  • ['Summons seeking leave to appeal filed 6 June 2017 dismissed.' 'No orders as to costs with the intent that the parties bear their own costs.']