JERZY CWINSKI v BOGDEN BARTOSCIEWICZ [1991] NSWCA 71

JERZY CWINSKI v BOGDEN BARTOSCIEWICZ [1991] NSWCA 71

The interlocutory injunction was refused because granting it would effectively determine the opponent’s rights before the appeal could be heard, due to the time-limited nature of the restraint. Undertakings offered by the opponent were accepted as a sufficient interim measure. Expedition of the appeal was granted as a top priority.

Parties
Claimant: Jerzy Cwinski; Opponent: Bogden Bartosciewicz
Jurisdiction
Australia
Judgment Date
17 June 1991
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction Pending Appeal
Outcome
Interlocutory injunction dismissed; undertakings accepted; appeal expedited.
Legal Topics
Restraint of Trade, Interlocutory Injunctions, Expedition of Appeal
Contract Law Restraint of Trade Interlocutory Injunctions Expedition of Appeal

Case Brief

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Parties

Jerzy Cwinski

Claimant

Bogden Bartosciewicz

Opponent

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction Pending Appeal

Legal Issues

  1. 1 Whether interlocutory relief should be granted to enforce a restraint of trade pending appeal
  2. 2 Appropriate treatment of undertakings offered by respondent in lieu of interlocutory injunction
  3. 3 Whether the appeal should be expedited

Ratio Decidendi

The interlocutory injunction was refused because granting it would effectively determine the opponent’s rights before the appeal could be heard, due to the time-limited nature of the restraint. Undertakings offered by the opponent were accepted as a sufficient interim measure. Expedition of the appeal was granted as a top priority.

Court Disposition

Interlocutory injunction dismissed; undertakings accepted; appeal expedited.

Orders

  • Application for interlocutory injunction dismissed on condition opponent provides undertakings as offered.
  • Appeal to be expedited as a top priority, to be fixed by the Registrar at the earliest available opportunity.