Pioneer Mortgage Services Pty Ltd v Columbus Capital Pty Ltd (No 2) [2015] FCA 1208

Pioneer Mortgage Services Pty Ltd v Columbus Capital Pty Ltd (No 2) [2015] FCA 1208

The interlocutory injunction and undertaking should not continue because Columbus was entitled to the benefit of the principal judgment, any loss Pioneer might suffer if Columbus terminated the contractual arrangements would be calculable by reference to cl 9.4 of the 1994 deed, while Columbus' loss and reputational damage from being compelled to continue a dysfunctional commercial relationship would be incalculable. There was no real risk that Pioneer could not be restored to its former position and no cogent reason to continue the interlocutory relief pending appeal.

Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Practice and Procedure / Application to Continue Interlocutory Injunction and Respondents' Undertaking Pending Proposed Appeal After Principal Reasons for Judgment
Outcome
Interlocutory injunction dissolved; respondents released from undertakings; applicant ordered to pay respondents' costs of the application; slip rule amendment made to the 4 February 2015 order in NSD 1328 of 2014.
Legal Topics
['interlocutory Injunction Pending Appeal' 'undertaking to the Court' 'stay Principles' 'dissolution of Interlocutory Relief' 'slip Rule' 'costs']
['practice and Procedure' 'contract Law'] ['interlocutory Injunction Pending Appeal' 'undertaking to the Court' 'stay Principles' 'dissolution of Interlocutory Relief' 'slip Rule' 'costs']

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Procedural Posture

Practice and Procedure / Application to Continue Interlocutory Injunction and Respondents' Undertaking Pending Proposed Appeal After Principal Reasons for Judgment

Legal Issues

  1. 1 ["Whether the interlocutory injunction made on 4 February 2015 should continue having regard to the principal reasons for judgment and Pioneer's proposed appeal." 'Whether Columbus should be released from its undertaking to the Court noted on 12 May 2015.' 'Whether damages to Pioneer would be calculable if Columbus terminated the contractual arrangements, and whether loss to Columbus from continuing the relationship would be calculable.' 'Whether the balance of discretion favoured preserving the status quo pending appeal or allowing Columbus the benefit of the judgment.']

Ratio Decidendi

The interlocutory injunction and undertaking should not continue because Columbus was entitled to the benefit of the principal judgment, any loss Pioneer might suffer if Columbus terminated the contractual arrangements would be calculable by reference to cl 9.4 of the 1994 deed, while Columbus' loss and reputational damage from being compelled to continue a dysfunctional commercial relationship would be incalculable. There was no real risk that Pioneer could not be restored to its former position and no cogent reason to continue the interlocutory relief pending appeal.

Court Disposition

Interlocutory injunction dissolved; respondents released from undertakings; applicant ordered to pay respondents' costs of the application; slip rule amendment made to the 4 February 2015 order in NSD 1328 of 2014.

Orders

  • ['NSD 1328 of 2014: Pursuant to the slip rule under r 39.05 of the Federal Court Rules 2011 (Cth), order 1 of the orders made on 4 February 2015 be amended to read: "1. Until further order of the Court, each of the respondents by themselves, their servants and agents, be restrained from implementing or attempting to...