Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWCA 110

Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWCA 110

The Court held it was appropriate to clarify that nothing in the existing injunction restrained the applicant from informing the High Court of Malaya of the NSW proceedings or the pending appeal, but found it unnecessary to grant further relief permitting the applicant to seek adjournment or further orders in Malaysia, as the balance of prejudice did not warrant additional interlocutory intervention beyond the clarity provided.

Jurisdiction
Australia
Judgment Date
10 May 2024
Procedural Posture
Application for Leave to Appeal / Interlocutory Decision on Notice of Motion Pending Final Leave/appeal Hearing
Outcome
Limited relief granted; otherwise notice of motion dismissed
Legal Topics
['interlocutory Relief' 'injunctions' 'leave to Appeal' 'anti Suit Injunction' 'maintenance of Status Quo Pending Appeal']
['practice and Procedure'] ['interlocutory Relief' 'injunctions' 'leave to Appeal' 'anti Suit Injunction' 'maintenance of Status Quo Pending Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Interlocutory Decision on Notice of Motion Pending Final Leave/appeal Hearing

Legal Issues

  1. 1 ['Whether to grant interlocutory relief pending an expedited leave to appeal hearing regarding an interlocutory injunction preventing steps in pending Malaysian proceedings' 'Whether the applicant should be permitted to inform the High Court of Malaya of the existence and status of the appeal and impending hearing' 'Whether the applicant should be permitted to apply for an adjournment in the Malaysian proceedings' 'Whether interlocutory orders are necessary to protect the subject matter of the New South Wales appeal']

Ratio Decidendi

The Court held it was appropriate to clarify that nothing in the existing injunction restrained the applicant from informing the High Court of Malaya of the NSW proceedings or the pending appeal, but found it unnecessary to grant further relief permitting the applicant to seek adjournment or further orders in Malaysia, as the balance of prejudice did not warrant additional interlocutory intervention beyond the clarity provided.

Court Disposition

Limited relief granted; otherwise notice of motion dismissed

Orders

  • ['List the summons seeking leave to appeal for hearing on Wednesday 29 May 2024.' 'Registrar to advise parties whether hearing is of leave alone or a concurrent hearing as sought by the applicant.' 'Direct respondents to file and serve submissions by Monday 20 May 2024.' 'Direct applicant to file and serve...