Multi-Vendor Support Services Pty Limited v Darryl Nicke [2005] NSWSC 443

Multi-Vendor Support Services Pty Limited v Darryl Nicke [2005] NSWSC 443

Plaintiff established a serious question to be tried and balance of convenience overwhelmingly favours interlocutory injunctive relief to preserve commercially sensitive information, accommodating personal information concerns and privilege claims.

Parties
Plaintiff: Multi-Vendor Support Services Pty Limited; Defendant: Darryl Nicke; Plaintiff: Lewarne Goldsmith
Jurisdiction
Australia
Judgment Date
24 March 2005
Procedural Posture
Application for Interlocutory Relief / Interlocutory Hearing; Orders Following Interlocutory Judgment
Outcome
Interlocutory injunctive relief granted; orders made as per judgment.
Legal Topics
Interlocutory Injunctions, Balance of Convenience, Prima Facie Case
Equity Practice and Procedure Interlocutory Injunctions Balance of Convenience Prima Facie Case

Case Brief

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Parties

Multi-Vendor Support Services Pty Limited

Plaintiff

Darryl Nicke

Defendant

Lewarne Goldsmith

Plaintiff

Procedural Posture

Application for Interlocutory Relief / Interlocutory Hearing; Orders Following Interlocutory Judgment

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie or serious case justifying interlocutory injunctive relief
  2. 2 Whether the balance of convenience favours the granting of interlocutory relief
  3. 3 Appropriate scope and terms of interlocutory injunction including preservation of personal information and privilege against self-incrimination

Ratio Decidendi

Plaintiff established a serious question to be tried and balance of convenience overwhelmingly favours interlocutory injunctive relief to preserve commercially sensitive information, accommodating personal information concerns and privilege claims.

Court Disposition

Interlocutory injunctive relief granted; orders made as per judgment.

Orders

  • Leave granted to defendant to file handwritten Appearance dated 26 April 2005; no further formal notice of appearance required.
  • Leave granted to plaintiff to file and amend notice of motion and file affidavits of George Georgiou, Dan Robert Vredberg and Russell John Goldsmith.