Stokes v Toyne

In the case of Stokes v Toyne, the plaintiff sought to use evidence that the defendant had served in the proceedings before the Federal Circuit Court of Australia and the District Court of New South Wales. The plaintiff argued that the defendant had impliedly undertaken not to rely on the evidence, and sought to use it in answer to proceedings brought by the defendant. The primary issue before the court was whether the implied undertaking applied to the evidence and, if it did, whether there were special circumstances that should release the plaintiff from that undertaking.

The court found that the implied undertaking did not apply to the evidence in question. The court reasoned that the evidence had not been relied upon in the initial proceedings, and therefore no undertaking had been given in respect of it. The court also considered whether there were special circumstances that should release the plaintiff from any implied undertaking, but found that there were none. The court held that the plaintiff was not bound by any implied undertaking in respect of the evidence and was therefore permitted to use it in the Federal Circuit Court of Australia and the District Court of New South Wales.

The court also considered whether a costs order should be made in respect of the plaintiff's application. The court noted that the proceedings were complex and involved significant legal issues, but ultimately decided not to make a costs order. The court found that there were no exceptional circumstances that warranted a departure from the general rule that costs follow the event. Therefore, there was no order as to costs in the proceedings.