Singtel Optus Pty Limited & Ors v Almad Pty Limited & Ors [2011] NSWSC 492

Singtel Optus Pty Limited & Ors v Almad Pty Limited & Ors [2011] NSWSC 492

The ex parte search orders were set aside because of material non-disclosure by the plaintiffs of facts supporting cooperation by the defendants and other background information which, if disclosed, would likely have led the court to refuse ex parte relief.

Parties
Plaintiff: Singtel Optus Pty Limited; Plaintiff: Optus Networks Pty Limited; Plaintiff: Optus Administration Pty Ltd; Defendant: Almad Pty Limited; Defendant: Sumo Distribution & Storage Pty Ltd; Defendant: Leon Mark Curtis; Defendant: Craig Hasler; Defendant: PJC333 Pty Limited
Jurisdiction
Australia
Judgment Date
27 May 2011
Procedural Posture
Interlocutory Application / Motion to Set Aside Ex Parte Search Orders
Outcome
Search orders set aside
Legal Topics
Search Orders, Ex Parte Procedure, Material Non Disclosure, Breach of Contract, Trade Practices Act, Fiduciary Duties, Conversion, Bailment
Equity Commercial Search Orders Ex Parte Procedure Material Non Disclosure Breach of Contract Trade Practices Act Fiduciary Duties +2 more

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Parties

Singtel Optus Pty Limited

Plaintiff

Optus Networks Pty Limited

Plaintiff

Optus Administration Pty Ltd

Plaintiff

Almad Pty Limited

Defendant

Sumo Distribution & Storage Pty Ltd

Defendant

Leon Mark Curtis

Defendant

Craig Hasler

Defendant

PJC333 Pty Limited

Defendant

Procedural Posture

Interlocutory Application / Motion to Set Aside Ex Parte Search Orders

Legal Issues

  1. 1 Whether ex parte search orders should be set aside for material non-disclosure
  2. 2 Whether documents and things seized by search orders should be returned to defendants or produced to court

Ratio Decidendi

The ex parte search orders were set aside because of material non-disclosure by the plaintiffs of facts supporting cooperation by the defendants and other background information which, if disclosed, would likely have led the court to refuse ex parte relief.

Court Disposition

Search orders set aside

Orders

  • The ex parte search orders made on 29 April 2011 are set aside.
  • Documents and things produced as a result of the search and held by the independent solicitor are to be produced to the solicitors for PJC/Mr Curtis within 7 days.