Sharp v Conroy [2020] NSWSC 271

Sharp v Conroy [2020] NSWSC 271

The plaintiff was not entitled to the orders because the relief sought was effectively final, was pursued ex parte without notice to the defendant and without notice to the owner or occupier of the private commercial premises, the plaintiff lacked standing as a private citizen to seek orders shutting down commercial premises, and her undertaking as to damages was inadequate because she had no capacity to pay damages.

Jurisdiction
Australia
Judgment Date
13 March 2020
Procedural Posture
Urgent Ex Parte Application for Prohibition Order or Injunction / Duty Judge Hearing on Application for Leave to File Summons and for Urgent Ex Parte Relief
Outcome
Leave was granted to file the Summons, but the plaintiff's application was refused and the Summons was dismissed.
Legal Topics
['injunctions' 'ex Parte Applications' 'standing' 'undertaking as to Damages' 'private Event on Commercial Premises' 'coronavirus Public Health Concerns']
['equity' 'common Law'] ['injunctions' 'ex Parte Applications' 'standing' 'undertaking as to Damages' 'private Event on Commercial Premises' 'coronavirus Public Health Concerns']

Case Brief

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Procedural Posture

Urgent Ex Parte Application for Prohibition Order or Injunction / Duty Judge Hearing on Application for Leave to File Summons and for Urgent Ex Parte Relief

Legal Issues

  1. 1 ['Whether the plaintiff should be granted urgent ex parte relief prohibiting activities associated with the Mardi Gras event in Wagga Wagga, including a function at the Que Bar.' 'Whether the plaintiff had standing as a private citizen to seek orders effectively shutting down commercial premises.' 'Whether final relief should be granted ex parte without notice to the defendant or the owner or occupier of the Que Bar.' "Whether the plaintiff's undertaking as to damages was adequate where she had no capacity to pay damages."]

Ratio Decidendi

The plaintiff was not entitled to the orders because the relief sought was effectively final, was pursued ex parte without notice to the defendant and without notice to the owner or occupier of the private commercial premises, the plaintiff lacked standing as a private citizen to seek orders shutting down commercial premises, and her undertaking as to damages was inadequate because she had no capacity to pay damages.

Court Disposition

Leave was granted to file the Summons, but the plaintiff's application was refused and the Summons was dismissed.

Orders

  • ['That leave be granted to the plaintiff, Kim-Lorraine Sharp, to file in Court the Summons naming Kim-Lorraine Sharp as plaintiff and Holly Conroy as first defendant.' "The plaintiff's application is refused and the Summons is dismissed."]