Austress Freyssinet v Kowalski [2007] NSWSC 1105

Austress Freyssinet v Kowalski [2007] NSWSC 1105

Evidence justifies exercise of s 108 Civil Procedure Act power for examination and production of documents to clarify compliance with orders restraining involvement in competing business; appropriate to order that previously awarded costs be assessed and payable forthwith; costs of current application (except for resolved discovery issues) also payable forthwith.

Jurisdiction
Australia
Judgment Date
05 October 2007
Procedural Posture
Equity Proceedings / Interlocutory Application for Orders for Examination and Production of Documents
Outcome
Orders granted for examination and production of documents; costs orders made.
Legal Topics
['examination of Person Bound by Judgment or Order' 'enforcement of Injunctive Orders' 'production of Documents' 'costs']
['equity' 'practice and Procedure'] ['examination of Person Bound by Judgment or Order' 'enforcement of Injunctive Orders' 'production of Documents' 'costs']

Case Brief

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Procedural Posture

Equity Proceedings / Interlocutory Application for Orders for Examination and Production of Documents

Legal Issues

  1. 1 ['Whether s 108 Civil Procedure Act 2005 (NSW) permits orders in aid of enforcement of an injunction' 'Whether circumstances warrant orders for examination and production of documents' 'Whether costs ordered should be assessed and payable forthwith']

Ratio Decidendi

Evidence justifies exercise of s 108 Civil Procedure Act power for examination and production of documents to clarify compliance with orders restraining involvement in competing business; appropriate to order that previously awarded costs be assessed and payable forthwith; costs of current application (except for resolved discovery issues) also payable forthwith.

Court Disposition

Orders granted for examination and production of documents; costs orders made.

Orders

  • ['Defendant to attend for examination under s 108 in relation to compliance with restraint orders against involvement in competing business.' 'Defendant to produce documents evidencing communications/arrangements regarding share transfer, resignation, and compliance with orders.' 'Previously awarded costs to be...