Telstra Ltd v Sulaiman (No 2) [2024] NSWSC 441

Telstra Ltd v Sulaiman (No 2) [2024] NSWSC 441

The most satisfactory way forward is to allow the civil proceedings to progress to the hearing of the plaintiff’s case in chief, with the defendants permitted to rely on the privilege against self-incrimination and to decline to admit or deny allegations. Proceedings regarding the defendants’ case and Notices of Motion will be considered in light of the state of the criminal proceedings after the plaintiff’s case.

Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Civil / Procedural Ruling; Directions for Further Hearing
Outcome
Case to be managed with directions as noted; no final determination or stay granted; costs of today's Notices of Motion are costs in the cause.
Legal Topics
['stay of Proceedings' 'privilege Against Self Incrimination' 'concurrent Civil and Criminal Proceedings' 'directions for Case Management']
['civil Procedure' 'equity' 'commercial Law'] ['stay of Proceedings' 'privilege Against Self Incrimination' 'concurrent Civil and Criminal Proceedings' 'directions for Case Management']

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Procedural Posture

Civil / Procedural Ruling; Directions for Further Hearing

Legal Issues

  1. 1 ['Whether a stay of civil proceedings should be granted pending concurrent criminal proceedings' 'Whether defendants may decline to admit or deny allegations due to privilege against self-incrimination']

Ratio Decidendi

The most satisfactory way forward is to allow the civil proceedings to progress to the hearing of the plaintiff’s case in chief, with the defendants permitted to rely on the privilege against self-incrimination and to decline to admit or deny allegations. Proceedings regarding the defendants’ case and Notices of Motion will be considered in light of the state of the criminal proceedings after the plaintiff’s case.

Court Disposition

Case to be managed with directions as noted; no final determination or stay granted; costs of today's Notices of Motion are costs in the cause.

Orders

  • ["Associate to contact parties on 22 April 2024 regarding hearing dates for plaintiff's case in chief." "Defendants' Notices of Motion filed 1 and 5 February 2024 stood over to the hearing date." 'Upon setting a hearing date, directions for defendants to file and serve Commercial List Response (with privilege...