Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 879

Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 879

There was no basis in the evidence to enliven the statutory powers under s 61(1) or UCPR r 2.1, as the correspondence did not undermine the plaintiffs' confidence in their lawyers, did not amount to threatening or offensive conduct warranting court intervention, and was not likely to impede the just, quick and cheap determination of the real issues in the proceedings.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Interlocutory Application / Determination of Interlocutory Application for Injunctive Relief
Outcome
Application for interlocutory injunction dismissed
Legal Topics
['interlocutory Injunctions' 'directions for Conduct of Proceedings']
['civil Procedure'] ['interlocutory Injunctions' 'directions for Conduct of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application / Determination of Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 ['Whether the court should restrain the ninth defendant from communicating with the plaintiffs or their employees under s 61(1) Civil Procedure Act 2005 (NSW) or UCPR r 2.1']

Ratio Decidendi

There was no basis in the evidence to enliven the statutory powers under s 61(1) or UCPR r 2.1, as the correspondence did not undermine the plaintiffs' confidence in their lawyers, did not amount to threatening or offensive conduct warranting court intervention, and was not likely to impede the just, quick and cheap determination of the real issues in the proceedings.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • ['The amended notice of motion is dismissed.' "The plaintiffs are to pay the ninth and tenth defendants' costs of the notice of motion." 'The exhibits are to be returned once the reasons are revised.']