Cenric Group Pty Ltd v Bundanoon Sandstone Pty Ltd [2018] NSWSC 1790

Cenric Group Pty Ltd v Bundanoon Sandstone Pty Ltd [2018] NSWSC 1790

The freezing order had to be set aside because Cenric, in seeking ex parte relief, failed to draw Ball J's attention to material evidence that Mr Powell had said the sandstone blocks were in the process of being resized or shaped; that evidence cast a very different light on the alleged destruction of the blocks, and it was highly likely that Ball J would not have made the ex parte orders had it been drawn to his attention.

Jurisdiction
Australia
Judgment Date
19 November 2018
Procedural Posture
Equity Technology and Construction List / Interlocutory Application Concerning an Ex Parte Freezing Order
Outcome
Interlocutory injunction set aside
Legal Topics
['interlocutory Injunctions' 'ex Parte Applications' 'freezing Orders' 'duty of Candour and Disclosure']
['civil Procedure' 'equity'] ['interlocutory Injunctions' 'ex Parte Applications' 'freezing Orders' 'duty of Candour and Disclosure']

Case Brief

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Procedural Posture

Equity Technology and Construction List / Interlocutory Application Concerning an Ex Parte Freezing Order

Legal Issues

  1. 1 ["Whether the ex parte freezing order made by Ball J on 15 November 2018 should be set aside for failure to draw vital evidence to the judge's attention." "Whether evidence that the sandstone blocks were being resized or shaped, rather than deliberately destroyed, should have been drawn to Ball J's attention on the ex parte application."]

Ratio Decidendi

The freezing order had to be set aside because Cenric, in seeking ex parte relief, failed to draw Ball J's attention to material evidence that Mr Powell had said the sandstone blocks were in the process of being resized or shaped; that evidence cast a very different light on the alleged destruction of the blocks, and it was highly likely that Ball J would not have made the ex parte orders had it been drawn to his attention.

Court Disposition

Interlocutory injunction set aside

Orders

  • ['The order made by Ball J on 15 November 2018 was set aside.' 'The matter was listed for motion before the Technology and Construction List Judge on 30 November 2018.']