James G Oberg (Sales) Pty Limited v Oberg [2012] FCA 722

James G Oberg (Sales) Pty Limited v Oberg [2012] FCA 722

Special circumstances exist due to the connection of facts and parties between the present Federal Court proceedings and the related Supreme Court proceedings, and because the documents are highly relevant to defence and potential claims. Denying leave would prevent WealthSure from considering and pursuing claims appropriately, and justice requires granting leave to use the specified documents in the related proceedings.

Parties
First Plaintiff: James G Oberg (Sales) Pty Limited; Second Plaintiff: George Richard James Oberg and Shirley May Oberg (by her tutor George Richard James Oberg); First Defendant: Colin James Oberg; Second Defendant: Wealthsure Pty Limited
Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Application for Leave to Use Discovered/subpoenaed Documents in Related Proceedings / Post Settlement, Interlocutory Application
Outcome
Leave granted to second defendant and its counsel/solicitors to use specified documents in related Supreme Court proceedings. No order as to costs for the interlocutory application.
Legal Topics
Implied Undertaking, Release From Implied Undertaking, Contributory Liability, Use of Discovery Documents, Cross Claims, Negligence, Breach of Fiduciary Duty
Practice & Procedure Corporations Law Equity Tort Law Implied Undertaking Release From Implied Undertaking Contributory Liability Use of Discovery Documents +3 more

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Parties

James G Oberg (Sales) Pty Limited

First Plaintiff

George Richard James Oberg and Shirley May Oberg (by her tutor George Richard James Oberg)

Second Plaintiff

Colin James Oberg

First Defendant

Wealthsure Pty Limited

Second Defendant

Procedural Posture

Application for Leave to Use Discovered/subpoenaed Documents in Related Proceedings / Post Settlement, Interlocutory Application

Legal Issues

  1. 1 Whether special circumstances exist warranting release from the implied undertaking restricting use of discovered and subpoenaed documents to the current proceedings
  2. 2 Whether leave should be granted to use documents in related Supreme Court proceedings with common facts and parties

Ratio Decidendi

Special circumstances exist due to the connection of facts and parties between the present Federal Court proceedings and the related Supreme Court proceedings, and because the documents are highly relevant to defence and potential claims. Denying leave would prevent WealthSure from considering and pursuing claims appropriately, and justice requires granting leave to use the specified documents in the related proceedings.

Court Disposition

Leave granted to second defendant and its counsel/solicitors to use specified documents in related Supreme Court proceedings. No order as to costs for the interlocutory application.

Orders

  • Leave be granted to the second defendant and its solicitors and counsel to use plaintiffs' discovery documents 30 to 33 inclusive, and specified documents produced by ASIC pursuant to subpoena, in Supreme Court of New South Wales proceedings No. 2011/411782 (including any cross-claims and claims against BT Portfolio...
  • No order as to costs of the second defendant's interlocutory application—each party to bear their own costs.