Australian Capital Land Pty Limited v Ng;; Gateway Parramatta One Pty Ltd (In Liquidation) v Ng [2025] NSWSC 1615 — Civil Procedure & Stay Of Proceedings — Barrister AI
Australian Capital Land Pty Limited v Ng;; Gateway Parramatta One Pty Ltd (In Liquidation) v Ng
1Where concurrent civil and criminal proceedings traverse substantially the same subject matter, a stay of the civil proceedings will be granted where there is a real risk of prejudice to the accused in conducting their criminal defence — particularly where defending the civil proceedings would require disclosure of evidence at the heart of the criminal case, thereby impinging on the right to silence and the privilege against self-incrimination.
2Where the criminal proceedings are in a foreign jurisdiction, the court's reduced capacity to fashion or enforce protective measures (such as confidentiality orders binding overseas parties or their advisers) is a relevant factor weighing in favour of a stay rather than attempting alternative procedural solutions.
3The filing of specific defences in civil proceedings does not amount to a waiver of the right to silence sufficient to negate the risk of prejudice from concurrent criminal proceedings, particularly where the defences are relatively confined and no discovery or affidavit evidence has yet been served.
