Pancontinental Mining Ltd v Coopers & Lybrand (Securities) Ltd & Ors [1995] FCA 204

Pancontinental Mining Ltd v Coopers & Lybrand (Securities) Ltd & Ors [1995] FCA 204

A case has not been made out for variation of the undertakings; without supporting evidence and with only submissions from the bar table, the discretion to vary undertakings is not appropriately exercised.

Jurisdiction
Australia
Judgment Date
30 March 1995
Procedural Posture
Motion for Variation of Undertakings / Interlocutory
Outcome
Motion dismissed with costs.
Legal Topics
['breach of Confidence' 'preliminary Discovery' 'undertakings' 'disclosure of Documents']
['equity' 'corporate Law'] ['breach of Confidence' 'preliminary Discovery' 'undertakings' 'disclosure of Documents']

Case Brief

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Procedural Posture

Motion for Variation of Undertakings / Interlocutory

Legal Issues

  1. 1 ['Whether the undertakings regarding disclosure of information should be varied to include counsel, solicitor and expert witnesses involved in related proceedings.' 'Whether it is appropriate to allow documents produced for the purpose of discovery to be used to alter parameters of a related contest.']

Ratio Decidendi

A case has not been made out for variation of the undertakings; without supporting evidence and with only submissions from the bar table, the discretion to vary undertakings is not appropriately exercised.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Motion for variation of undertakings dismissed.' 'Applicant to pay costs.']