MILDWING AND ANOR v CORPCODE NO (7) PTY LTD [1992] NSWCA 156

MILDWING AND ANOR v CORPCODE NO (7) PTY LTD [1992] NSWCA 156

No order for interlocutory relief will be made where no notice of appeal has been filed and conditions previously stipulated for interim relief (including payment into court) have not been satisfied. The defendant's undertaking to preserve the status quo is released in the circumstances.

Parties
Plaintiff: Mildwing Pty Ltd; Plaintiff: Swanelm Pty Ltd; Defendant: Corpcode No (7) Pty Ltd
Jurisdiction
Australia
Judgment Date
11 September 1992
Procedural Posture
Application for Interlocutory Relief (equity Division) and Costs / Application for Interlocutory Relief Following Dismissal by Windeyer J; Application for Urgent Relief Pending Intended Appeal
Outcome
Interlocutory application refused; undertaking by defendant released; costs of application to be paid by plaintiffs.
Legal Topics
Interlocutory Injunction, Preservation of Status Quo, Appeal Procedure, Undertakings, Costs Orders
Equity Landlord and Tenant Civil Procedure Interlocutory Injunction Preservation of Status Quo Appeal Procedure Undertakings Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mildwing Pty Ltd

Plaintiff

Swanelm Pty Ltd

Plaintiff

Corpcode No (7) Pty Ltd

Defendant

Procedural Posture

Application for Interlocutory Relief (equity Division) and Costs / Application for Interlocutory Relief Following Dismissal by Windeyer J; Application for Urgent Relief Pending Intended Appeal

Legal Issues

  1. 1 Whether urgent relief should be granted pending the filing of a notice of appeal against orders for possession and costs
  2. 2 Whether to maintain or release undertakings regarding possession of leased premises pending proceedings
  3. 3 Who should bear the costs of the interlocutory proceedings

Ratio Decidendi

No order for interlocutory relief will be made where no notice of appeal has been filed and conditions previously stipulated for interim relief (including payment into court) have not been satisfied. The defendant's undertaking to preserve the status quo is released in the circumstances.

Court Disposition

Interlocutory application refused; undertaking by defendant released; costs of application to be paid by plaintiffs.

Orders

  • The defendant's undertaking to preserve the status quo is released.
  • The plaintiffs are to pay the costs of the application for interlocutory relief and proceedings following the order of Windeyer J.