WCP LTD v GAMBOTTO and ANOR [1993] NSWCA 285

WCP LTD v GAMBOTTO and ANOR [1993] NSWCA 285

The interlocutory injunctions were granted to preserve the status quo and prevent the appeal from being rendered nugatory; Acmex Investments No 4 Pty Ltd was appropriately added as a party, and there was no evidence of abuse of process or deceitful conduct by the opponent.

Parties
Claimant: Giancarlo Gambotto; Claimant: Eliana Sandri; Opponent: WCP Limited; Added Party: Acmex Investments No 4 Pty Ltd
Jurisdiction
Australia
Judgment Date
26 May 1993
Procedural Posture
Motion for Interlocutory Injunction / Post Appeal Pending Special Leave Application
Outcome
Interlocutory injunctions granted with amendments as proposed by the presiding judge; Acmex Investments No 4 Pty Ltd added as party; orders for costs varied between judges.
Legal Topics
Interlocutory Injunctions, Preservation of Status Quo, Addition of Parties, Articles of Association
Equity Corporate Law Interlocutory Injunctions Preservation of Status Quo Addition of Parties Articles of Association

Case Brief

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Parties

Giancarlo Gambotto

Claimant

Eliana Sandri

Claimant

WCP Limited

Opponent

Acmex Investments No 4 Pty Ltd

Added Party

Procedural Posture

Motion for Interlocutory Injunction / Post Appeal Pending Special Leave Application

Legal Issues

  1. 1 Whether interlocutory injunctions should be granted to preserve status quo pending special leave application
  2. 2 Whether Acmex Investments No 4 Pty Ltd should be added as a party to proceedings
  3. 3 Whether appeal from consensual orders constitutes an abuse of process

Ratio Decidendi

The interlocutory injunctions were granted to preserve the status quo and prevent the appeal from being rendered nugatory; Acmex Investments No 4 Pty Ltd was appropriately added as a party, and there was no evidence of abuse of process or deceitful conduct by the opponent.

Court Disposition

Interlocutory injunctions granted with amendments as proposed by the presiding judge; Acmex Investments No 4 Pty Ltd added as party; orders for costs varied between judges.

Orders

  • Acmex Investments No 4 Pty Ltd added as party.
  • Interlocutory injunction restraining Acmex from transferring shares and WCP from registering any transfer by Acmex, continued until 5pm on 28 May 1993 and further if leave application is filed or granted.