Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 479

Alanbert Pty Ltd v Bulevi Pty Ltd [2002] NSWSC 479

The defendants are entitled to apply to set aside the final judgment and orders, but there is a high threshold. Leave is granted to the defendants to file a notice of motion seeking to set aside judgment. The existing interlocutory injunction and stay of proceedings are extended until 12 July 2002 upon the usual undertaking as to damages.

Parties
Plaintiff: Alanbert Pty Limited; Plaintiff: Bernoth Realty Pty Ltd; Plaintiff: Bertram Bernoth; Defendant: Bulevi Pty Ltd; Defendant: Davhand Pty Ltd
Jurisdiction
Australia
Judgment Date
31 May 2002
Procedural Posture
Equity Proceeding / Post Judgment; Application to Set Aside or Vary Final Orders and Application for Stay Pending Appeal
Outcome
Leave granted to the defendants to file application to set aside judgment. Injunction and stay extended to 12 July 2002.
Legal Topics
Varying and Setting Aside Judgments, Effect of Entering Judgment or Order, Stays Pending Appeal
Procedure Varying and Setting Aside Judgments Effect of Entering Judgment or Order Stays Pending Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Alanbert Pty Limited

Plaintiff

Bernoth Realty Pty Ltd

Plaintiff

Bertram Bernoth

Plaintiff

Bulevi Pty Ltd

Defendant

Davhand Pty Ltd

Defendant

Procedural Posture

Equity Proceeding / Post Judgment; Application to Set Aside or Vary Final Orders and Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant leave to file an application to set aside final judgment and orders
  2. 2 Whether to grant a further stay of final orders pending appeal

Ratio Decidendi

The defendants are entitled to apply to set aside the final judgment and orders, but there is a high threshold. Leave is granted to the defendants to file a notice of motion seeking to set aside judgment. The existing interlocutory injunction and stay of proceedings are extended until 12 July 2002 upon the usual undertaking as to damages.

Court Disposition

Leave granted to the defendants to file application to set aside judgment. Injunction and stay extended to 12 July 2002.

Orders

  • Leave granted to defendants to file a notice of motion to set aside judgment returnable before Hamilton J at 9.30am on 12 July 2002.
  • Each side to deliver affidavits and paginated bundles of documents as directed (defendants by 25 June 2002, plaintiffs by 2 July 2002).