Ainsworth v Burden; Ainsworth v Burden; Clark v Ainsworth [1999] NSWSC 793

Ainsworth v Burden; Ainsworth v Burden; Clark v Ainsworth [1999] NSWSC 793

Leave is granted to Mr Ainsworth to tender specified pleadings from both Clark v Ainsworth and Ainsworth v Burden in the Licensing Court, subject to limitations on further use and costs being in the cause, since such orders facilitate the related proceedings without unduly infringing confidentiality.

Jurisdiction
Australia
Judgment Date
06 May 1999
Procedural Posture
Applications for Release From Implied Undertakings as to Confidentiality / Application for Leave to Be Relieved From Implied Undertakings
Outcome
Leave granted for specified pleadings to be tendered in Licensing Court; costs of applications to be respondents’ costs in the cause; liberty to apply on notice.
Legal Topics
['implied Undertakings' 'confidentiality of Pleadings' 'release From Confidentiality Undertakings']
['civil Procedure'] ['implied Undertakings' 'confidentiality of Pleadings' 'release From Confidentiality Undertakings']

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Procedural Posture

Applications for Release From Implied Undertakings as to Confidentiality / Application for Leave to Be Relieved From Implied Undertakings

Legal Issues

  1. 1 ['Whether leave should be granted to relieve Leonard Hastings Ainsworth from the implied undertakings as to confidentiality regarding pleadings in the actions with Clark and Burden.']

Ratio Decidendi

Leave is granted to Mr Ainsworth to tender specified pleadings from both Clark v Ainsworth and Ainsworth v Burden in the Licensing Court, subject to limitations on further use and costs being in the cause, since such orders facilitate the related proceedings without unduly infringing confidentiality.

Court Disposition

Leave granted for specified pleadings to be tendered in Licensing Court; costs of applications to be respondents’ costs in the cause; liberty to apply on notice.

Orders

  • ['Leonard Hastings Ainsworth is granted leave to tender specified pleadings (amended further statement of claim of 11 August 1994, further amended statement of claim of 9 October 1998, defence and cross-claim filed 25 September 1994, defence to cross-claim filed 30 November 1994) from proceedings 20480/94, in the...