In the matter of Rissalah College Limited [2013] NSWSC 158

In the matter of Rissalah College Limited [2013] NSWSC 158

The Court held that the evidence disclosed a sufficient prospect of success and likelihood of detriment if injunctive relief were not granted and that the balance of convenience justified granting interlocutory relief, including restraining the removal of financial documents and limiting payments, preserving the status quo pending a final hearing.

Jurisdiction
Australia
Judgment Date
02 March 2013
Procedural Posture
Interlocutory Application / Ex Parte Application, Orders for Interlocutory Relief
Outcome
Interlocutory relief granted with conditions
Legal Topics
['interlocutory Relief' 'abridgment of Service' 'injunctions' 'leave to Bring Proceedings on Behalf of a Company']
['corporations Law' 'education Law' 'civil Procedure'] ['interlocutory Relief' 'abridgment of Service' 'injunctions' 'leave to Bring Proceedings on Behalf of a Company']

Case Brief

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Procedural Posture

Interlocutory Application / Ex Parte Application, Orders for Interlocutory Relief

Legal Issues

  1. 1 ['Whether there is a real prospect of success justifying interlocutory relief' 'Whether balance of convenience favours granting an interlocutory injunction' 'Whether short service of originating process should be ordered' 'Whether payments to specified persons should be restrained']

Ratio Decidendi

The Court held that the evidence disclosed a sufficient prospect of success and likelihood of detriment if injunctive relief were not granted and that the balance of convenience justified granting interlocutory relief, including restraining the removal of financial documents and limiting payments, preserving the status quo pending a final hearing.

Court Disposition

Interlocutory relief granted with conditions

Orders

  • ['Time for service of originating process and affidavits of Bassam Kamaledine and Riedwehn Toefy abridged to 5pm, 4 March 2013.' 'Originating Process returnable before the corporations judge in the motions list at 9.45am on 11 March 2013.' 'Until 5pm on 11 March 2013, Ali Roude is restrained from removing financial...