Sundarjee Bros (Aust) Pty Ltd v Sundarjee [2022] NSWSC 1722

Sundarjee Bros (Aust) Pty Ltd v Sundarjee [2022] NSWSC 1722

There was a strong prima facie case that Hasmukh Sundarjee engaged in the conduct alleged, justifying his joinder as defendant and the granting of search orders against him; the use of material obtained under previous search orders for this purpose was appropriate, as refusal would cause delay and wasted costs.

Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Interlocutory Application / Orders on Ex Parte Motion to Join Defendant and for Search Orders
Outcome
Orders made as sought by plaintiff
Legal Topics
['interlocutory Applications' 'ex Parte Applications' 'search Orders' 'confidentiality Undertakings' 'joinder of Parties']
['civil Procedure' 'equity'] ['interlocutory Applications' 'ex Parte Applications' 'search Orders' 'confidentiality Undertakings' 'joinder of Parties']

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Procedural Posture

Interlocutory Application / Orders on Ex Parte Motion to Join Defendant and for Search Orders

Legal Issues

  1. 1 ['Whether plaintiff may use material obtained under previous search orders to join an additional defendant and obtain search orders against him' 'Whether there is a strong prima facie case against Hasmukh Sundarjee justifying his joinder as defendant and granting of search orders' "Whether releasing plaintiff's lawyers from confidentiality undertakings is appropriate"]

Ratio Decidendi

There was a strong prima facie case that Hasmukh Sundarjee engaged in the conduct alleged, justifying his joinder as defendant and the granting of search orders against him; the use of material obtained under previous search orders for this purpose was appropriate, as refusal would cause delay and wasted costs.

Court Disposition

Orders made as sought by plaintiff

Orders

  • ["Lawyers acting for plaintiff released from confidentiality undertakings to the extent necessary to disclose material evidencing Hasmukh's conduct to directors for instructions" 'Leave granted to amend claim to join Hasmukh Sundarjee as defendant' 'Search orders granted against Hasmukh Sundarjee']