Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd [2009] FCA 310

Ron Medich Properties Pty Ltd v Bentley-Smythe Pty Ltd [2009] FCA 310

Because the parties agreed that the earlier injunctive relief should be set aside without determination of the alleged material non-disclosure and that the amended interlocutory process should proceed later, the Court dissolved the injunctive relief referred to in order 8 of the orders of 24 March 2009 and stood the Amended Interlocutory Process over part heard.

Jurisdiction
Australia
Judgment Date
26 March 2009
Procedural Posture
Interlocutory Application Concerning Freezing and Injunctive Relief / Amended Interlocutory Process Part Heard on 26 March 2009
Outcome
Leave granted to file amended process; injunctive relief dissolved by consent; Amended Interlocutory Process stood over part heard.
Legal Topics
['freezing Orders' 'interlocutory Relief' 'amended Originating Process' 'material Non Disclosure' 'consent Orders']
['civil Procedure' 'injunctions'] ['freezing Orders' 'interlocutory Relief' 'amended Originating Process' 'material Non Disclosure' 'consent Orders']

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Procedural Posture

Interlocutory Application Concerning Freezing and Injunctive Relief / Amended Interlocutory Process Part Heard on 26 March 2009

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave to file an Amended Originating Process and an Amended Interlocutory Process dated 25 March 2009.' 'Whether existing injunctive relief referred to in order 8 of the orders of 24 March 2009 should be dissolved by consent.' 'Whether the Amended Interlocutory Process should stand over part heard to 27 March 2009.']

Ratio Decidendi

Because the parties agreed that the earlier injunctive relief should be set aside without determination of the alleged material non-disclosure and that the amended interlocutory process should proceed later, the Court dissolved the injunctive relief referred to in order 8 of the orders of 24 March 2009 and stood the Amended Interlocutory Process over part heard.

Court Disposition

Leave granted to file amended process; injunctive relief dissolved by consent; Amended Interlocutory Process stood over part heard.

Orders

  • ['Grants leave to the plaintiffs to file in Court an Amended Originating Process dated 25 March 2009 and an Amended Interlocutory Process also dated 25 March 2009.' "Orders, by consent, that the injunctive relief referred to in paragraph 8 of Graham J's orders of 24 March 2009 be dissolved." 'Orders that the Amended...