Lease Collateral v Johnson [2018] NSWSC 452

Lease Collateral v Johnson [2018] NSWSC 452

Applicant released from Harman undertaking for documents produced on subpoena as there was no possible prejudice and applicant could have obtained them by subpoena in related proceedings. Costs awarded to plaintiff due to unjustifiably broad original application and narrowing only just before hearing.

Parties
Plaintiff: Lease Collateral Pty Ltd; First Defendant: Ian David Johnson; Second Defendant: ACN 093 752 893 Pty Limited; Third Defendant: Christopher James Munday; Fourth Defendant: David Andrew Marshall; Fifth Defendant: Helmsman Funds Management Limited CAN 100 489 763
Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Notice of Motion / Application for Release From Harman Undertaking and Costs Order
Outcome
Application granted in part; applicant released from Harman undertaking for first category of documents only; plaintiff awarded costs; exhibit MAW 1 to be returned; second and fifth defendants did not seek costs.
Legal Topics
Release From Harman Undertaking, Costs
Civil Procedure Equity Release From Harman Undertaking Costs

Case Brief

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Parties

Lease Collateral Pty Ltd

Plaintiff

Ian David Johnson

First Defendant

ACN 093 752 893 Pty Limited

Second Defendant

Christopher James Munday

Third Defendant

David Andrew Marshall

Fourth Defendant

Helmsman Funds Management Limited CAN 100 489 763

Fifth Defendant

Procedural Posture

Notice of Motion / Application for Release From Harman Undertaking and Costs Order

Legal Issues

  1. 1 Whether applicant should be released from the Harman undertaking in respect of documents produced on subpoena
  2. 2 Whether applicant should be released from the Harman undertaking in respect of other categories of documents
  3. 3 Appropriate order as to costs

Ratio Decidendi

Applicant released from Harman undertaking for documents produced on subpoena as there was no possible prejudice and applicant could have obtained them by subpoena in related proceedings. Costs awarded to plaintiff due to unjustifiably broad original application and narrowing only just before hearing.

Court Disposition

Application granted in part; applicant released from Harman undertaking for first category of documents only; plaintiff awarded costs; exhibit MAW 1 to be returned; second and fifth defendants did not seek costs.

Orders

  • Applicant released from Harman undertaking in respect of documents produced on subpoena.
  • Plaintiff awarded costs.