FRIGO V CULHACI [1998] NSWCA 88

FRIGO V CULHACI [1998] NSWCA 88

The orders were set aside because the judge failed to give reasons, a mareva injunction was granted without an undertaking as to damages, inadmissible 'without prejudice' material was relied on, and the evidence did not make out a real danger of assets being dissipated. Each was a substantive error, warranting dissolution of the injunction.

Parties
Appellant: Mr Frigo; Respondent: Mr Culhaci; Defendant: Mr Sica
Jurisdiction
Australia
Judgment Date
17 July 1998
Procedural Posture
Appeal / Court of Appeal Decision on Interlocutory Orders
Outcome
Appeal allowed; interlocutory orders set aside.
Legal Topics
Mareva Injunctions, Undertaking as to Damages, Duty to Give Reasons, Undertakings by Counsel, Ex Parte Applications, Inadmissibility of Without Prejudice Communications, Proper Form of Injunctions
Civil Procedure Equity Contract Law Mareva Injunctions Undertaking as to Damages Duty to Give Reasons Undertakings by Counsel Ex Parte Applications +2 more

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Parties

Mr Frigo

Appellant

Mr Culhaci

Respondent

Mr Sica

Defendant

Procedural Posture

Appeal / Court of Appeal Decision on Interlocutory Orders

Legal Issues

  1. 1 Whether failure to give reasons for decision was an error of law
  2. 2 Whether a mareva injunction must be granted subject to an undertaking as to damages
  3. 3 Admissibility of 'without prejudice' settlement communications under Evidence Act 1995 s131

Ratio Decidendi

The orders were set aside because the judge failed to give reasons, a mareva injunction was granted without an undertaking as to damages, inadmissible 'without prejudice' material was relied on, and the evidence did not make out a real danger of assets being dissipated. Each was a substantive error, warranting dissolution of the injunction.

Court Disposition

Appeal allowed; interlocutory orders set aside.

Orders

  • Leave to appeal granted.
  • Appeal upheld.