AS v Murray [2013] NSWSC 733

AS v Murray [2013] NSWSC 733

The court found on uncontradicted evidence that the defendant extorted money from the plaintiff by means of threats amounting to the tort of intimidation, entitling the plaintiff to recover the sum paid, injunctions, exemplary damages, and costs on an indemnity basis.

Jurisdiction
Australia
Judgment Date
04 June 2013
Procedural Posture
Civil / Final Judgment After Hearing in Absence of Defendant
Outcome
Judgment for the plaintiff with injunctive relief, damages, exemplary damages, interest, and indemnity costs.
Legal Topics
['tort of Intimidation' 'extortion' 'exemplary Damages' 'injunctive Relief' 'indemnity Costs']
['torts' 'civil Procedure' 'remedies'] ['tort of Intimidation' 'extortion' 'exemplary Damages' 'injunctive Relief' 'indemnity Costs']

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Procedural Posture

Civil / Final Judgment After Hearing in Absence of Defendant

Legal Issues

  1. 1 ['Whether the defendant committed the tort of intimidation against the plaintiff' 'Whether the plaintiff is entitled to recovery of monies paid, injunctions, exemplary damages, and indemnity costs']

Ratio Decidendi

The court found on uncontradicted evidence that the defendant extorted money from the plaintiff by means of threats amounting to the tort of intimidation, entitling the plaintiff to recover the sum paid, injunctions, exemplary damages, and costs on an indemnity basis.

Court Disposition

Judgment for the plaintiff with injunctive relief, damages, exemplary damages, interest, and indemnity costs.

Orders

  • ['The defendant is restrained from communicating to any person any representation in relation to the plaintiff.' "The defendant is restrained from communicating in any form with the plaintiff other than by communicating with the plaintiff's solicitors." 'Judgment for the plaintiff against the defendant in the sum of...