DWA Insurance Pty Ltd v Community Broker Network Pty Ltd (No 2) [2020] NSWSC 376

DWA Insurance Pty Ltd v Community Broker Network Pty Ltd (No 2) [2020] NSWSC 376

The balance of convenience, particularly the risk to CBN from continued authorisations and the lack of substantive rebuttal of alleged delinquent conduct by DWA, weighs clearly in favour of discharging the ex parte injunction. DWA did not sufficiently establish a probability of success or adequately respond to the concerns that justified the interlocutory relief initially granted.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Civil Procedure Injunction Application / Interlocutory (application to Discharge Ex Parte Orders)
Outcome
Ex parte order discharged
Legal Topics
['interlocutory Injunctions' 'balance of Convenience' 'financial Services Licensing' 'authorised Representatives']
['civil Procedure' 'equity'] ['interlocutory Injunctions' 'balance of Convenience' 'financial Services Licensing' 'authorised Representatives']

Case Brief

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Procedural Posture

Civil Procedure Injunction Application / Interlocutory (application to Discharge Ex Parte Orders)

Legal Issues

  1. 1 ['Whether the ex parte interlocutory injunction made on 20 March 2020 should be continued or discharged' 'Whether the balance of convenience favours continuation or discharge of the injunctions' 'Whether sufficient likelihood of success and adequate disclosure was established by the plaintiff']

Ratio Decidendi

The balance of convenience, particularly the risk to CBN from continued authorisations and the lack of substantive rebuttal of alleged delinquent conduct by DWA, weighs clearly in favour of discharging the ex parte injunction. DWA did not sufficiently establish a probability of success or adequately respond to the concerns that justified the interlocutory relief initially granted.

Court Disposition

Ex parte order discharged

Orders

  • ['Order 6 made by the Court on 20 March 2020 is hereby discharged.' 'Parties to confer as to future case management orders, ensuring confidentiality of exhibits and arrangements for costs submissions.']