NSW Mobile Fleet Services Pty Ltd v Max Mobile and Detailing Pty Ltd

The parties to this case were NSW Mobile Fleet Services Pty Ltd and Max Mobile and Detailing Pty Ltd. The dispute arose from an application by Max Mobile to be released from an undertaking it had given to NSW Mobile, known as a Harman undertaking, which was an undertaking not to rely on certain documents in the event that an interlocutory application was successful. The matter was heard in the Supreme Court of New South Wales. Max Mobile sought to be released from the undertaking to enable it to make a complaint regarding suspected illegality. The court was required to determine whether there were special circumstances that justified the release of Max Mobile from the undertaking.

The legal issue before the court was whether special circumstances existed that would allow Max Mobile to be released from the undertaking it had given. The court considered whether the complaint about suspected illegality was a sufficient ground for release. The court also examined whether Max Mobile had established that it would suffer prejudice if it were not released from the undertaking. The court noted that the making of a complaint regarding suspected illegality was not in itself a special circumstance that would justify the release of a party from an undertaking.

The court found that Max Mobile had not established special circumstances that would justify its release from the undertaking. The court held that the making of a complaint about suspected illegality was not a special circumstance that would warrant the release of Max Mobile from the undertaking. The court also found that Max Mobile had not established that it would suffer prejudice if it were not released from the undertaking. The court held that the making of a complaint about suspected illegality was not a sufficient ground for release. The court therefore dismissed Max Mobile’s application to be released from the undertaking. The court noted that the making of a complaint about suspected illegality was not a special circumstance that would warrant the release of Max Mobile from the undertaking.