Vaughan Constructions Pty Ltd v Alan Luong [2008] NSWSC 1033

Vaughan Constructions Pty Ltd v Alan Luong [2008] NSWSC 1033

Because the plaintiff had asserted in correspondence that the first and second defendants had committed serious criminal offences, reserved rights to report their alleged misconduct to relevant authorities, and alleged that they had stolen its property, there was a real and appreciable risk that evidence required by the 13 August 2008 orders may tend to prove that the first and second defendants engaged in culpable conduct. Section 87 could apply notwithstanding that the original orders were made by consent. As the first and second defendants informed the Court that they would provide the evidence if protected by a certificate, the Court granted them certificates under s 87 in respect of...

Jurisdiction
Australia
Judgment Date
01 September 2008
Procedural Posture
Procedural and Other Ruling / Notice of Motion for Revocation of Interlocutory Orders and Certificate Under (nsw) Civil Procedure Act 2005, S 87
Outcome
Certificate under (NSW) Civil Procedure Act 2005, s 87 granted to the first and second defendants; time for compliance extended; no order as to costs.
Legal Topics
['privilege Against Self Incrimination' 'certificate Under (nsw) Civil Procedure Act 2005, S 87' 'production of Documents' 'interlocutory Orders Made by Consent' 'real and Appreciable Risk of Self Incrimination']
['evidence' 'civil Procedure'] ['privilege Against Self Incrimination' 'certificate Under (nsw) Civil Procedure Act 2005, S 87' 'production of Documents' 'interlocutory Orders Made by Consent' 'real and Appreciable Risk of Self Incrimination']

Case Brief

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Procedural Posture

Procedural and Other Ruling / Notice of Motion for Revocation of Interlocutory Orders and Certificate Under (nsw) Civil Procedure Act 2005, S 87

Legal Issues

  1. 1 ['Whether there were reasonable grounds for the application for revocation on the basis that evidence required by the orders may tend to prove that the first and second defendants engaged in culpable conduct.' 'Whether a certificate under (NSW) Civil Procedure Act 2005, s 87 should be granted in respect of evidence to be produced by the first and second defendants.' 'Whether an application for revocation under s 87 can be made after and in respect of an order made by consent.']

Ratio Decidendi

Because the plaintiff had asserted in correspondence that the first and second defendants had committed serious criminal offences, reserved rights to report their alleged misconduct to relevant authorities, and alleged that they had stolen its property, there was a real and appreciable risk that evidence required by the 13 August 2008 orders may tend to prove that the first and second defendants engaged in culpable conduct. Section 87 could apply notwithstanding that the original orders were made by consent. As the first and second defendants informed the Court that they would provide the evidence if protected by a certificate, the Court granted them certificates under s 87 in respect of...

Court Disposition

Certificate under (NSW) Civil Procedure Act 2005, s 87 granted to the first and second defendants; time for compliance extended; no order as to costs.

Orders

  • ['The first and second defendants were granted a certificate under Civil Procedure Act, s 87, in respect of the evidence to be produced by them under the orders made on 13 August 2008.' 'Time for compliance by the defendants with the orders of 13 August 2008 was extended to 8 September 2008.' 'No order was made as...