Harrem Pty Ltd v Tebb & Anor [2006] NSWSC 1415

Harrem Pty Ltd v Tebb & Anor [2006] NSWSC 1415

The injunction was discharged because the plaintiff failed to make full and frank disclosure of material correspondence adverse to its case when obtaining the ex parte injunction, and would probably not have obtained the order if proper disclosure had been made.

Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Injunction Application / Interlocutory Hearing
Outcome
Injunction dissolved
Legal Topics
['injunctions' 'ex Parte Orders' 'disclosure Obligations']
['equity'] ['injunctions' 'ex Parte Orders' 'disclosure Obligations']

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Procedural Posture

Injunction Application / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the plaintiff made full and frank disclosure when seeking ex parte injunction' 'Whether the injunction should be dissolved due to non-disclosure']

Ratio Decidendi

The injunction was discharged because the plaintiff failed to make full and frank disclosure of material correspondence adverse to its case when obtaining the ex parte injunction, and would probably not have obtained the order if proper disclosure had been made.

Court Disposition

Injunction dissolved

Orders

  • ['The injunction granted by Barrett J on 17 November and extended on 22 November is discharged.' 'The costs of today are to be paid by the Plaintiff.']