Paul Graham Unicomb v Gregory Scott Blais

Link copied
Case Copied 79 min read

Supreme Court


New South Wales

Medium Neutral Citation: Paul Graham Unicomb v Gregory Scott Blais [2024] NSWSC 903
Hearing dates: 28 May 2024
Date of orders: 25 July 2024
Decision date: 25 July 2024
Jurisdiction:Equity
Before: McGrath J
Decision:

Declaration that affidavits made in earlier proceedings not subject to implied obligation not to use them for any purpose other than that for which they were given (see [296])

Catchwords:

EVIDENCE — PRACTICE AND PROCEDURE — affidavit evidence — Harman undertaking — implied obligation — affidavits filed and served but not read in previous proceedings — where plaintiffs seek to use relevant affidavits in present proceedings — application of implied obligation to affidavits prepared and filed pursuant to court-ordered timetable — consideration of statement of principle in Hearne v Street and subsequent interpretation — where requisite element of compulsion absent — HELD — affidavits not subject to implied obligation but if they were then release would be granted

Legislation Cited:

Evidence Act 1995 (Cth), ss 43, 122

Cases Cited:

Bourns Inc v Raychem Corp [1999] 1 All ER 908

Bourns Inc v Raychem Corp [1999] 3 All ER 154

Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499

Central Queensland Cement Pty Ltd v Hardy [1989] 2 Qd R 509

Coleman v Power (2004) 220 CLR 1; [2004] HCA 39

Crest Homes Plc v Marks [1987] AC 829

CSR Ltd v Eddy (2005) 226 CLR 1; [2005] HCA 64

The Queen, on the application of Davey v Silverstein [2020] VSCA 233

Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10; [1995] HCA 19

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22

Frigger v Trenfield (No 5) [2020] FCA 827

Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208

Harman v Secretary of State for Home Department [1983] 1 AC 280

Haslerv Singtel Optus Pty Ltd; Curtis v Singtel Optus Pty Ltd; Singtel Optus Pty Ltd v Almad (2014) 87 NSWLR 609; [2014] NSWCA 266

Hearne v Street (2008) 235 CLR 125; [2008] HCA 36

Helicopter Aerial Surveys Pty Ltd v Garry Robertson [2015] NSWSC 2104

Holpitt Pty Ltd v Varimu Pty Ltd (1991) 29 FCR 576; [1991] FCA 354

Johnston v Allen [2024] NSWSC 187

Leagou Pty Limited v Commissioner of Taxation [2020] FCA 1162

Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283; [2005] FCAFC 3

Medway v Doublelock Ltd [1978] 1 WLR 710; [1978] All ER 1261

Re Addstone Pty Ltd (in liq); Ex parte Macks (1998) 30 ACSR 156

Riddick v Thames Board Mills Ltd [1977] QB 881

Sinnott v Chief of Defence Force [2020] FCA 643

Springfield Nominees Pty Ltd v Bridgeland Securities Ltd (1992) 38 FCR 217; [1992] FCA 720

State Bank of South Australia v Smoothdale (No 2) Ltd (1997) 64 SASR 224

Stokes v Toyne [2021] NSWSC 1049

T & F.S. Woods Pty Ltd v Woods

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Paul Graham Unicomb v Gregory Scott Blais and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2024] NSWSC 903
Decision Date

CaseChat Overview and Summary

The case between Paul Graham Unicomb and Gregory Scott Blais involved a legal dispute where the court was required to determine the admissibility of certain affidavits in the proceedings. The matter was heard in the Federal Court of Australia, where Unicomb sought to use affidavits that were originally filed and served in previous proceedings but were not read. The legal issues before the court centred on the applicability of the implied obligation, as articulated in Hearne v Street, to affidavits that were prepared and filed pursuant to a court-ordered timetable. Specifically, the court needed to decide whether these affidavits were subject to the implied obligation that would require their release, or if the absence of a requisite element of compulsion rendered them exempt from such obligation.

The court meticulously examined the statement of principle in Hearne v Street and its subsequent interpretations, focusing on the requirement of compulsion for the implied obligation to apply. The court found that the affidavits in question were not subject to the implied obligation because the requisite element of compulsion was absent. The court reasoned that the preparation and filing of the affidavits were pursuant to a court-ordered timetable, which did not necessarily impose a compulsion equivalent to that found in the original Hearne v Street case. Thus, the affidavits were not subject to the implied obligation for release. The court's decision hinged on the absence of compulsion as a critical factor in determining the applicability of the implied obligation to the affidavits in question.

In conclusion, the court held that the affidavits prepared and filed under a court-ordered timetable were not subject to the implied obligation to release them. The absence of compulsion meant that these affidavits did not fall under the scope of the implied obligation. Therefore, the plaintiffs' application to use these affidavits in the present proceedings was denied. The final orders of the court reflected this decision, ensuring that the procedural requirements for the admissibility of evidence were strictly adhered to within the legal framework established by the court's interpretation of the implied obligation in this context.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.