| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2024 05284
| GRACE MAZI | Applicant |
| v | |
| SPENSER HSIUNG-PIN KAO & ORS (according to the attached Schedule) | Respondents |
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JUDGE: | Finanzio J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 20 March 2025 |
DATE OF RULING: | 7 October 2025 |
CASE MAY BE CITED AS: | Mazi v Kao (No 1) (Contempt Ruling) |
MEDIUM NEUTRAL CITATION: | [2025] VSC 575 |
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PRACTICE AND PROCEDURE – Alleged breach of r 28.05 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) – Where r 28.05 concerns inspection of documents and covers persons not party to a proceeding – Where no evidence that documents in question accessed under r 28.05 – Where reasonable inference that fourth respondent came into possession of documents as a party representative – Where documents not covered by order of Court that they remain confidential – No breach found – Summons dismissed.
PRACTICE AND PROCEDURE – Disclosure of documents in separate but related proceedings – Where contempt allegations made against first respondent and others – Harman undertaking raised – Whether affidavit subject to the implied undertaking in Hearne v Street – Whether breach of implied undertaking – Where documents not of the character that would attract implied undertaking – Where affidavit filed voluntarily, not under court compulsion – Affidavit not subject to implied undertaking – Contempt not made out – Summons dismissed.
Harman v Secretary of State for the Home Department [1983] 1 AC 280; Hearne v Street (2008) 235 CLR 125; Davey v Silverstein [2019] VSC 724; Yap v Lee (No 2) [2024] VSC 730.
PRACTICE AND PROCEDURE – Allegation that confidential documents used in false and misleading way – Where information contained in documents not confidential in relevant sense – Where emails attaching documents set out basis for settlement of proceedings – Where nothing inappropriate or prohibited in such an offer being made – Where content may be matter of dispute but no basis for contempt – Summons dismissed.
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APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the 1st & 2nd Respondents | Ms M Hardinge | MMR Lawyers |
| For the 3rd & 4th Respondents | Mr M Thomas | Carter Newell Lawyers |
HIS HONOUR:
Introduction
On 9 December 2024, Ms Grace Mazi (‘Applicant’) filed a summons in Proceeding No. S ECI 2024 05284 of this Court (‘Bygrave Appeal’), charging Spenser Hsiung-Pin Kao and Hung-Hsia Kao (respectively the ‘First Respondent’ and the ‘Second Respondent’) with contempt of court (‘contempt application’). The Applicant alleges that the First and Second Respondents, or their agents, used documents filed in the Bygrave Appeal in breach of the implied undertaking not to use them for a collateral or ulterior purpose (commonly referred to as the Harman undertaking or obligation)[1] by disclosing those documents and using them in separate proceedings for an impermissible purpose.
The Bygrave Appeal…
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- Case
- [2025] VSC 575
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the respondents had breached the confidentiality orders by accessing and using certain documents in a way that was misleading and whether an affidavit filed by one of the respondents breached an implied undertaking of confidentiality. The court examined the nature of the documents in question, the circumstances in which they were accessed, and the content of the affidavit to determine if any contempt had occurred.
The court found that there was no evidence the documents had been accessed in breach of the confidentiality orders. It was reasonable to infer that the fourth respondent had come into possession of the documents as a party representative, and there was no evidence they had been improperly disclosed. Furthermore, the court held that the documents were not of a confidential nature that would attract an implied undertaking of confidentiality, and the affidavit was not subject to such an undertaking as it was filed voluntarily, not under court compulsion. As a result, the court dismissed the summons, finding no contempt had been established.
The final orders of the court dismissed the summons and directed the applicant to pay the costs of the respondents.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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