Vickers v Commonwealth of Australia (No 2) [2021] NSWSC 227

Vickers v Commonwealth of Australia (No 2) [2021] NSWSC 227

The contribution of the documents to the achievement of justice in the 2014 proceedings makes it appropriate that there be a release from the implied Harman undertaking in relation to those documents.

Parties
Plaintiff: Peter Vickers; Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
04 March 2021
Procedural Posture
Civil/equity / Motion for Release From Implied Undertaking
Outcome
Application granted; undertakings amended; costs to plaintiff in the cause.
Legal Topics
Implied Undertaking, Release From Undertaking
Civil Procedure Implied Undertaking Release From Undertaking

Case Brief

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Parties

Peter Vickers

Plaintiff

Commonwealth of Australia

Defendant

Procedural Posture

Civil/equity / Motion for Release From Implied Undertaking

Legal Issues

  1. 1 Whether the plaintiff should be released from the implied Harman undertaking to use documents obtained in these proceedings for the other identified proceedings

Ratio Decidendi

The contribution of the documents to the achievement of justice in the 2014 proceedings makes it appropriate that there be a release from the implied Harman undertaking in relation to those documents.

Court Disposition

Application granted; undertakings amended; costs to plaintiff in the cause.

Orders

  • The undertaking given by the plaintiff to the Court (to use the documents, produced by the defendant pursuant to order 3 of the orders made on 18 February 2020 in these proceedings, only for the purpose of these proceedings) be amended, such that the plaintiff can use the said documents in proceedings 2014/217287.
  • The undertaking given by the plaintiff to the Court (to use the documents referred to in [14] of Mr Silva's affidavit affirmed 4 March 2021 as the N-4 documents, only for the purpose of these proceedings) be amended such that the plaintiff can use those N-4 documents in proceedings 2014/217287.