Michael Wilson and Partners Limited v Robert Colin Nicholls [2008] NSWSC 523
The court held that, despite tendering documents in open court for interlocutory purposes, the Harman undertaking continued to restrict their use, and exercised its discretion to order that the plaintiff not use documents produced by the two individuals except by further court order.
- Jurisdiction
- Australia
- Judgment Date
- 26 May 2008
- Procedural Posture
- Interlocutory Application / Ruling on Notice of Motion
- Outcome
- Application by second to fifth defendants granted, restricting plaintiff's use of documents.
- Legal Topics
- ['tender of Documents' 'harman Undertaking' 'public Domain Documents']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Ruling on Notice of Motion
Legal Issues
- 1 ['Whether documents produced under subpoena may be used by the plaintiff' 'Whether documents became part of the public domain upon tender in open court' 'Whether the implied Harman undertaking continues and restricts disclosure']
Ratio Decidendi
The court held that, despite tendering documents in open court for interlocutory purposes, the Harman undertaking continued to restrict their use, and exercised its discretion to order that the plaintiff not use documents produced by the two individuals except by further court order.
Court Disposition
Application by second to fifth defendants granted, restricting plaintiff's use of documents.
Orders
- ['Plaintiff not to use documents produced to the court pursuant to subpoenas issued to Mr Brian Weir and Ms Debra Lighezzolo unless and until the order is discharged.']
Full Case Text
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