ACP -v- Southdown [2001] NSWSC 273

Restraining orders are appropriate pending the determination of News' application for leave to appeal, as protection for News against prejudice from a prolonged inspection outweighs any hardship to ACP, given the short period until leave is determined.

Jurisdiction: Australia
Judgment Date: 12 April 2001
Procedural Posture: Application for Interlocutory Injunction / Interlocutory Order Pending Leave to Appeal
Outcome: Application granted in part; restraining orders made pending leave to appeal; applicant to pay respondent's costs.
Legal Topics: ['interlocutory Injunctions' 'stay of Execution' 'construction of Deed']

['practice and Procedure'] ['interlocutory Injunctions' 'stay of Execution' 'construction of Deed']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Order Pending Leave to Appeal

Legal Issues

1 ['Whether restraining orders should be granted pending determination of leave to appeal' "Whether 'inspection' under clause 5 of the deed permits notes and copies" 'Whether there is a seriously arguable question on appeal']

Ratio Decidendi

Court Disposition

Application granted in part; restraining orders made pending leave to appeal; applicant to pay respondent's costs.

Orders

['Plaintiff, by Chairman or nominee, restrained from acting with assistants when inspecting books and records of TV Week under clause 5 of Deed dated 6 August 1980.' 'Plaintiff, by Chairman or nominee, restrained from making notes (in hard copy, electronic form, or using an electronic recording device) of or in...