Aslan v Pucci (No 2)

The plaintiff, Aslan, commenced proceedings in the District Court against the defendant, Pucci, to recover unpaid wages. During these proceedings, certain documents were obtained and used in evidence. Subsequently, Aslan commenced a new proceeding in the Supreme Court, seeking to rely on the same documents. Pucci argued that the use of these documents in the new proceedings would breach an implied undertaking given to the District Court to not use those documents in any other proceedings without leave. The court had to determine whether it could release a party from the implied undertaking made in a different court and whether special circumstances existed to permit the use of the documents in the new proceedings.

The court considered the principles governing implied undertakings and the circumstances in which they may be enforced. It examined whether the obligation to seek leave before using certain documents was an implied undertaking and whether the Supreme Court could release a party from an obligation arising in another court. The court noted that implied undertakings are not lightly to be set aside, but in exceptional circumstances, a court may release a party from such an undertaking. The court also examined whether special circumstances existed that would warrant a departure from the implied undertaking. These included considerations of the interests of justice, the availability of the documents to other parties, and the potential for prejudice to the defendant.

The court held that the obligation to seek leave before using certain documents was indeed an implied undertaking. However, given the significant overlap between the proceedings and the fact that the documents were already in the public domain, the court found that special circumstances did exist to permit the use of the documents in the new proceedings. The court ruled that it could, in exceptional circumstances, release a party from an implied undertaking made in another court if special circumstances existed. The court concluded that the special circumstances in this case warranted permitting the use of the documents in the new proceedings without the need to seek leave.

The court ordered that Aslan could use the documents in the new proceedings without needing to obtain leave from the District Court. The court emphasised that this was a decision made on the specific facts of the case and that it would not be lightly applied in other circumstances. The court also noted that the decision should not be seen as undermining the importance of implied undertakings in the administration of justice.