13 Feb 2009
HEARTWOOD ARCHITECTURAL TIMBER & JOINERY PTY LTD AND ANOR V HOTEL PROPERTIES LTD AND ANOR HC AK CIV 2008-404-5081
- Citation
- openlaw-b056adca_2a5f_4c22_ac0a_68d192d74d6d.pdf
- Court
- High Court
Because HPL failed to make full and frank disclosure on the ex parte application (including not disclosing Queensland freezing orders), misrepresented the status of proceedings, and gave an inadequate undertaking that was not honoured, the interim injunction issued 11 August 2008 was improperly obtained and must be set aside; indemnity costs are warranted and fixed at $15,000 plus disbursements.