Evans v Citibank Ltd [2000] NSWSC 1017

Evans v Citibank Ltd [2000] NSWSC 1017

The contempt was purged because the breach of the implied undertaking was accepted as inadvertent, unreserved sworn apologies had been given, no damage requiring compensation was shown, and the plaintiff agreed to pay the eighth defendant's relevant costs, with Citibank Limited's costs reserved.

Jurisdiction
Australia
Judgment Date
19 October 2000
Procedural Posture
Contempt Application Concerning Breach of Implied Undertaking / Judgment on Application to Purge Contempt
Outcome
Contempt purged.
Legal Topics
['implied Undertaking as to Litigation Documents' 'use of Unread Affidavits Outside Proceedings' 'purging Contempt' 'costs']
['procedure' 'contempt of Court'] ['implied Undertaking as to Litigation Documents' 'use of Unread Affidavits Outside Proceedings' 'purging Contempt' 'costs']

Case Brief

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Procedural Posture

Contempt Application Concerning Breach of Implied Undertaking / Judgment on Application to Purge Contempt

Legal Issues

  1. 1 ['Whether the plaintiff, Douglas Edmund Raftesath and Christopher Cunningham Hodgekiss were in contempt by disclosing unread affidavits filed in the proceedings to officers of the New South Wales Crime Commission.' 'Whether the contempt should be purged in light of apologies, absence of damage and costs arrangements.']

Ratio Decidendi

The contempt was purged because the breach of the implied undertaking was accepted as inadvertent, unreserved sworn apologies had been given, no damage requiring compensation was shown, and the plaintiff agreed to pay the eighth defendant's relevant costs, with Citibank Limited's costs reserved.

Court Disposition

Contempt purged.

Orders

  • ['The plaintiff, Douglas Edmund Raftesath and Christopher Cunningham Hodgekiss be discharged from punishment for any breach of the implied undertaking arising from the disclosing or making available to officers of the New South Wales Crime Commission on 19 December 1999 of the affidavit of Susan Phelps sworn 17...