Chandrasekaran v Navaratnem

Judgment (3 paragraphs)

[1]

EX TEMPORE Judgment

The plaintiff, Sujatha Chandrasekaran, commenced proceedings on 21 August 2019 when she filed a Statement of Claim against Kannan Navaratnem. In general terms, the Statement of Claim alleged that the defendant was responsible for the provision of confidential information to others, to the detriment of the plaintiff.
The Statement of Claim claimed damages for a breach of confidence, inducing a breach of contract, unlawful interference in trade, conspiracy and harassment. The statement of claim claimed damages, including aggravated, exemplary, punitive and pecuniary damages, and injunctive relief with respect to ongoing activities.
That Statement of Claim was amended on 14 October 2019. Broadly, claims of the previous kind were maintained, except for a claim relating to harassment, which was removed.
By a Notice of Motion filed on 1 November 2019, the plaintiff sought summary judgment.
On 12 November 2019, the defendant filed a Notice of Appearance to the proceedings, and at the same time filed a Notice of Objection indicating that he, a resident of the United Kingdom, did not consent to the jurisdiction of the Supreme Court of New South Wales, and announced an intention to file an application to dismiss the proceedings.
On 11 December 2019, the defendant filed a Notice of Motion. It sought the following orders: "1. An order pursuant to r 11.6 of the Uniform Civil Procedure Rules 2005 or s 67 of the Civil Procedure Act 2005 that the proceedings be permanently stayed on the basis of forum non conveniens. In the event that the Court does not grant the order sought in prayer 1, 2. An order pursuant to r 13.4 of the UCPR, that the proceedings be dismissed on the basis that they are frivolous and vexatious. 3. Alternatively, an order pursuant to r 14.28 of the UCPR that the amended statement of claim be struck out. 4. Plaintiff to pay the costs of the notice of motion. 5. Plaintiff to pay the costs of the proceedings"
There are seven affidavits relied upon for this Motion: three by Ms Chandrasekaran in November 2019, January 2020, and July 2021; and four by the solicitor for the defendant, Ms Breannon Bailey, three in 2019 and one in 2021.

Orders

I make the following orders: 1. Vacate the hearing of the defendant's Notice of Motion filed 11 December 2019 today. 2. Order that any further determination of the Motion take place on the papers and in Chambers. 3. Direct that, if the plaintiff wishes to file any further submissions in opposition to the relief sought in the defendant's Notice of Motion, then any such submissions should be filed and served by no later than 4pm, 26 November 2021. 4. Order the defendant to file and serve any submissions in reply to the plaintiff's submissions by 4pm, 3 December 2021. 5. Upon receipt of the last set of submissions, judgment in this matter will be reserved, and that judgment will be determined on the basis of all the papers which have been filed to date. 6. Reserve all questions of costs of and occasioned by the vacation of today's hearing date. 7. Grant both parties liberty to apply.

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Judgment (3 paragraphs)

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