CAMIDE PTY LTD v PGH LTD [1991] NSWCA 42

CAMIDE PTY LTD v PGH LTD [1991] NSWCA 42

Leave to appeal from refusal of interlocutory relief was dismissed because, even disregarding the 'clean hands' doctrine, the difficulty in supervising the claimant’s conduct provided a sound discretionary basis for refusing the injunction.

Parties
Appellant: Camide Pty Ltd; Respondent: PGH Ltd
Jurisdiction
Australia
Judgment Date
23 December 1991
Procedural Posture
Appeal / Summons for Leave to Appeal From Interlocutory Orders
Outcome
leave to appeal dismissed with costs; motion dismissed
Legal Topics
Clean Hands, Interlocutory Orders, Injunctive Relief, Supervision of Orders, Termination for Breach
Equity Contract Law Clean Hands Interlocutory Orders Injunctive Relief Supervision of Orders Termination for Breach

Case Brief

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Parties

Camide Pty Ltd

Appellant

PGH Ltd

Respondent

Procedural Posture

Appeal / Summons for Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 Whether the 'clean hands' doctrine disables the claimant from interlocutory injunctive relief
  2. 2 Whether the difficulty of supervising the claimant’s conduct precludes interlocutory relief
  3. 3 Whether leave to appeal from the exercise of discretion in refusing interlocutory relief should be granted

Ratio Decidendi

Leave to appeal from refusal of interlocutory relief was dismissed because, even disregarding the 'clean hands' doctrine, the difficulty in supervising the claimant’s conduct provided a sound discretionary basis for refusing the injunction.

Court Disposition

leave to appeal dismissed with costs; motion dismissed

Orders

  • Summons for leave to appeal dismissed with costs
  • Motion for interlocutory relief dismissed; no order as to costs