ORKO Fertilizers Pty Ltd v McClymont [2020] NSWSC 379

ORKO Fertilizers Pty Ltd v McClymont [2020] NSWSC 379

The defendants have engaged in ongoing conduct in breach of their express contractual obligations under the Deed of Settlement and Release, and the balance of convenience favours granting an interlocutory injunction to restrain further breaches, as damages would not be an adequate remedy.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Interlocutory Application (injunction) / Ex Parte Interlocutory Injunction; Procedural and Service Orders
Outcome
Interlocutory injunction granted; ancillary procedural and service orders made
Legal Topics
['interlocutory Injunction' 'deed of Settlement and Release' 'breach of Contract' 'commercial Disputes']
['equity' 'commercial Law'] ['interlocutory Injunction' 'deed of Settlement and Release' 'breach of Contract' 'commercial Disputes']

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Procedural Posture

Interlocutory Application (injunction) / Ex Parte Interlocutory Injunction; Procedural and Service Orders

Legal Issues

  1. 1 ['Whether the defendants breached the Deed of Settlement and Release by making prohibited communications and statements' 'Whether an ex parte interlocutory injunction should be granted restraining such conduct']

Ratio Decidendi

The defendants have engaged in ongoing conduct in breach of their express contractual obligations under the Deed of Settlement and Release, and the balance of convenience favours granting an interlocutory injunction to restrain further breaches, as damages would not be an adequate remedy.

Court Disposition

Interlocutory injunction granted; ancillary procedural and service orders made

Orders

  • ['Time for service of Summons, Commercial List Statement, and unsworn affidavit of Andrew Christopher abridged to 12.00 noon on 9 April 2020.' 'Service of the above documents be effected electronically by email and in hard copy by post as specified.' 'Summons to be made returnable at 10.00 am on Wednesday, 15 April...