Spence’s Coaches Western Pty Ltd v McMahon [2021] NSWSC 786

Supreme Court New South Wales

Medium Neutral Citation: Spence's Coaches Western Pty Ltd v McMahon [2021] NSWSC 786 Hearing dates: 23 June 2021 Decision date: 23 June 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) On the plaintiff giving the usual undertaking as to damages: (a) The defendant undertakes to the Court to resign by letter as a director of McRowe Pty Ltd as soon as practicable and instruct his solicitors to record that change when it occurs with the Australian Securities and Investments Commission, and not to consent to reappointment as a director before a final hearing in these proceedings; and (b) The defendant undertakes to the Court not to be involved in McRowe Pty Ltd save for the limited purpose of mechanical repairs, servicing and maintenance on the vehicles owned by that company until a final hearing on an expedited basis or 30 November 2022 whichever date is the earlier. (2) Refuse the application for injunctive relief. (3) Plaintiff to file and serve its statement of claim by 16 July 2021 (4) Defendant to file and serve its defence by 6 August 2021 (5) Plaintiff to file and serve any reply and serve any further evidence by 20 August 2021 (6) Defendant to serve any further evidence by 3 September 2021 (7) Plaintiff to issue any evidence in reply by 10 September 2021 (8) Defendant has leave to issue a subpoena to Peacockes Solicitors such subpoena to be returnable in the subpoena list on Friday, 2 July 2021. (9) List the matter for further directions before the Registrar on 23 August 2021. (10) Reserve the question of costs. Catchwords: COMMERCE — Restraint of trade — Enforcement and remedies — Injunction — whether serious question to be tried — balance of convenience Legislation Cited: Supreme Court Act 1970 (NSW), s 66 Transport Administration Act 1988 (NSW) Cases Cited: Butt v Long (1953) 88 CLR 476 Cerilian Pty Ltd v Fraser [2008] NSWSC 1016 Pierson v Arcadia Stores Guyra Ltd (1935) 53 CLR 571 Willis Australia Group Services Pty Ltd v Griggs (2012) 222 IR 172; [2012] NSWSC 659 Category: Procedural rulings Parties: Spence's Coaches Western Pty Ltd (Plaintiff) Charles John McMahon (Defendant) Representation: Counsel: S Lees (Plaintiff) N Olson (Defendant) Solicitors: Nelson Keane & Hemingway (Plaintiff) MatthewsFolbigg Pty Ltd (Defendant) File Number(s): 2021/00161660 Publication restriction: Nil