INED PTY LIMITED v PARTRIDGE PARTNERS PTY LIMITED [1996] NSWCA 263

INED PTY LIMITED v PARTRIDGE PARTNERS PTY LIMITED [1996] NSWCA 263

Adjournment is granted for one week so that the claimant appellant can put further evidence before the Court. Mareva injunction relief is made by consent to prevent potential dissipation of assets during the adjournment period. Costs of the adjournment are to be borne by the claimant appellant.

Parties
Claimant Appellant: INED PTY LIMITED; Opponent Respondent: Partridge Partners Pty Limited
Jurisdiction
Australia
Judgment Date
14 February 1996
Procedural Posture
Application for Stay Pending Appeal / Interlocutory (adjournment of Stay Application With Mareva Injunction Made)
Outcome
Adjournment granted for one week; Mareva injunction relief ordered by consent; costs of today to be borne by claimant appellant.
Legal Topics
Stay of Judgment, Mareva Injunction, Adjournment, Costs
Civil Procedure Stay of Judgment Mareva Injunction Adjournment Costs

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Parties

INED PTY LIMITED

Claimant Appellant

Partridge Partners Pty Limited

Opponent Respondent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory (adjournment of Stay Application With Mareva Injunction Made)

Legal Issues

  1. 1 Whether a stay of the judgment should be granted pending appeal
  2. 2 Whether a Mareva injunction should be issued during the adjournment period
  3. 3 How costs should be allocated for the adjournment

Ratio Decidendi

Adjournment is granted for one week so that the claimant appellant can put further evidence before the Court. Mareva injunction relief is made by consent to prevent potential dissipation of assets during the adjournment period. Costs of the adjournment are to be borne by the claimant appellant.

Court Disposition

Adjournment granted for one week; Mareva injunction relief ordered by consent; costs of today to be borne by claimant appellant.

Orders

  • Adjourned hearing of stay application to 9.30am, Wednesday, 21 February 1996.
  • Mareva injunction relief (order as per first page handed up) made by consent for period up to next hearing.