Nyoni v Chee Koon Hee [2013] FCA 701

Nyoni v Chee Koon Hee [2013] FCA 701

The applicant failed to establish any material facts supporting serious issues to be tried for interlocutory injunctive relief against any respondent, and the application was incoherent in a legal sense. Hence, the interlocutory application was dismissed and indemnity costs were ordered against the applicant for certain respondents.

Parties
Applicant: Emson Nyoni; First Respondent: Chee Koon Hee; Second Respondent: Devish Seth; Third Respondent: Frabk Peczka; Fifth Respondent: Raymond Griffiths; Sixth Respondent: Andrew van Ballegooyen; Seventh Respondent: Theresa Beech; Eighth Respondent: Jillian Murphy; Ninth Respondent: Chief Executive Officer, Health Department of WA; Eighth Respondent: Alleasing Pty Ltd; Ninth and Twelfth Respondents' Solicitor: State Solicitor's Office; Eleventh Respondent's Solicitor: DLA Piper Australia
Jurisdiction
Australia
Judgment Date
10 June 2013
Procedural Posture
Interlocutory Application / Dismissal of Interlocutory Application for Injunctive Relief
Outcome
Interlocutory application dismissed; indemnity costs ordered against applicant for certain respondents; costs reserved for others.
Legal Topics
Injunctive Relief, Legal Costs, Jurisdiction, Misleading and Deceptive Conduct, Unconscionable Conduct, Defamation
Civil Procedure Injunctive Relief Legal Costs Jurisdiction Misleading and Deceptive Conduct Unconscionable Conduct Defamation

Case Brief

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Parties

Emson Nyoni

Applicant

Chee Koon Hee

First Respondent

Devish Seth

Second Respondent

Frabk Peczka

Third Respondent

Raymond Griffiths

Fifth Respondent

Andrew van Ballegooyen

Sixth Respondent

Theresa Beech

Seventh Respondent

Jillian Murphy

Eighth Respondent

Chief Executive Officer, Health Department of WA

Ninth Respondent

Alleasing Pty Ltd

Eighth Respondent

State Solicitor's Office

Ninth and Twelfth Respondents' Solicitor

DLA Piper Australia

Eleventh Respondent's Solicitor

Procedural Posture

Interlocutory Application / Dismissal of Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether applicant established a serious issue to be tried for interlocutory injunctive relief
  2. 2 Whether the Court had jurisdiction to suspend or revoke the notice under Poisons Act 1964 (WA)
  3. 3 Whether indemnity costs should be ordered

Ratio Decidendi

The applicant failed to establish any material facts supporting serious issues to be tried for interlocutory injunctive relief against any respondent, and the application was incoherent in a legal sense. Hence, the interlocutory application was dismissed and indemnity costs were ordered against the applicant for certain respondents.

Court Disposition

Interlocutory application dismissed; indemnity costs ordered against applicant for certain respondents; costs reserved for others.

Orders

  • The applicant's interlocutory application dated 22 May 2013 is dismissed.
  • The applicant pay the fifth, eighth, ninth, eleventh and twelfth respondents' costs on an indemnity basis, to be taxed if not agreed, and paid forthwith.