Papas v Grave [2013] NSWCA 308

Papas v Grave [2013] NSWCA 308

No breach of duty of full and frank disclosure occurred in the ex parte application for injunction. Applicants consented to extension of injunction and did not take up liberty to apply. Even if leave to appeal is required, it should be granted, but the appeal should be dismissed as the applicants should be bound by their consent and no sufficiently unusual circumstances warrant dissolution of the injunction.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Civil Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted to the extent necessary. Appeal dismissed. Applicants to pay respondents' costs in this Court.
Legal Topics
['interlocutory Injunctions' 'disclosure Obligations' 'contempt of Court' 'judgments and Orders' 'undertakings as to Damages']
['remedies' 'civil Procedure'] ['interlocutory Injunctions' 'disclosure Obligations' 'contempt of Court' 'judgments and Orders' 'undertakings as to Damages']

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Procedural Posture

Civil Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 ['Whether leave to appeal from an interlocutory judgment should be granted' 'Whether breach of full and frank disclosure obligation occurred in ex parte application for injunction' 'Whether interlocutory injunction granted without seeking final relief and without undertaking as to damages was improper' 'Whether subsequent consent to continuation of injunction impacts dissolution motion' 'Whether orders of Supreme Court can be dissolved ab initio and whether failure to comply constitutes contempt regardless of correctness']

Ratio Decidendi

No breach of duty of full and frank disclosure occurred in the ex parte application for injunction. Applicants consented to extension of injunction and did not take up liberty to apply. Even if leave to appeal is required, it should be granted, but the appeal should be dismissed as the applicants should be bound by their consent and no sufficiently unusual circumstances warrant dissolution of the injunction.

Court Disposition

Leave to appeal granted to the extent necessary. Appeal dismissed. Applicants to pay respondents' costs in this Court.

Orders

  • ['Leave to appeal granted to the applicants, to the extent necessary, from the judgment in the Equity Division of 27 November 2012.' 'Applicants directed to file within seven days the draft notice of appeal contained in the white folder.' 'Appeal dismissed.' "Applicants to pay respondents' costs in this Court."]