National Australia Bank Limited v Human Group Pty Ltd [2019] NSWSC 1404

National Australia Bank Limited v Human Group Pty Ltd [2019] NSWSC 1404

The proceedings are stayed against Ms Rosamond pending determination of the criminal proceedings to avoid prejudicing her right to silence. Human Group Pty Ltd is excused from filing a commercial list response or affidavit evidence until further order, to avoid indirect prejudice to Ms Rosamond’s defence as she is...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 October 2019
Procedural Posture
Civil (equity Commercial List) / Interlocutory Application for Temporary Stay Pending Outcome of Concurrent Criminal Proceedings
Outcome
Interlocutory application partly granted, partly refused
Legal Topics
['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'right to Silence' 'privilege Against Self Incrimination' 'access to Subpoenaed Documents' 'case Management']
['civil Procedure'] ['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'right to Silence' 'privilege Against Self Incrimination' 'access to Subpoenaed Documents' 'case Management']

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Procedural Posture

Civil (equity Commercial List) / Interlocutory Application for Temporary Stay Pending Outcome of Concurrent Criminal Proceedings

Legal Issues

  1. 1 ['Whether the civil proceedings should be stayed against Ms Rosamond pending the determination of related criminal proceedings' "Whether the civil proceedings should be stayed or steps deferred against Human Group Pty Ltd to avoid prejudice to Ms Rosamond's defence in the criminal proceedings" 'Whether NAB should be allowed to access documents produced on subpoena for tracing remedies during the stay']

Ratio Decidendi

The proceedings are stayed against Ms Rosamond pending determination of the criminal proceedings to avoid prejudicing her right to silence. Human Group Pty Ltd is excused from filing a commercial list response or affidavit evidence until further order, to avoid indirect prejudice to Ms Rosamond’s defence as she is its sole director and representative. However, no blanket stay is granted against Human Group, and NAB is permitted access to subpoenaed bank documents for the purposes of asset tracing and proprietary relief, as the risk of prejudice can be managed and the implied undertaking and procedural protections are considered adequate.

Court Disposition

Interlocutory application partly granted, partly refused

Orders

  • ['Proceedings against Ms Rosamond stayed pending determination of criminal proceedings.' 'Human Group dispensed from filing or serving commercial list response or evidence until further order.' 'NAB granted general access to subpoenaed Westpac Banking Corporation documents.' 'Defendants to prepare, but not...