Aquamore Credit Equity Pty Ltd v Pamada Pty Ltd (in liquidation) [2021] NSWSC 1051

Supreme Court New South Wales

Medium Neutral Citation: Aquamore Credit Equity Pty Ltd v Pamada Pty Ltd (in liquidation) [2021] NSWSC 1051 Hearing dates: 20 August 2021 Date of orders: 23 August 2021 Decision date: 23 August 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: See orders at [68]. Interim injunction granted but not so as to restrain negotiations regarding the restrained property. Catchwords: EQUITY – injunctions – interim injunctions – where plaintiffs seek interim injunction restraining second and fifth defendants from negotiating for, making offers in relation to, entering into, performing or giving effect to any agreement to sell, transfer, dispose of or grant any interest in intellectual property in respect of a renewable energy generation project – where final relief claimed by plaintiffs is specific performance of agreement to license that intellectual property to second plaintiff – where first plaintiff has charge over assets of second plaintiff as security for moneys owed by fifth defendant and other relevant defendants – interim injunction granted but not so as to prevent negotiation PRACTICE AND PROCEDURE – disclosure orders sought ancillary to interim injunction – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Environmental Planning and Assessment Act 1979 (NSW), Pt 3A Cases Cited: Aquamore Credit Equity v Von Somogy [2020] NSWSC 1493 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Papas v Grave [2013] NSWCA 308 Category: Principal judgment Parties: Aquamore Credit Equity Pty Ltd as trustee of the Spring Park Unit Trust (First Plaintiff) UHEP Pty Ltd (receiver and manager appointed) (Second Plaintiff) Pamada Pty Ltd (in liq) (First Defendant) Upper Hunter Energy Park Pty Ltd (Second Defendant) Pamada Management Pty Ltd (in liq) (Third Defendant) Pamada Northshore No.3 Pty Ltd (in liq) (Fourth Defendant) Mark Edward Sydney von Somogy (Fifth Defendant) Sally Ann Sydney von Somogy (Sixth Defendant) Middlebrook Scone Pty Ltd (Seventh Defendant) Representation: Counsel: Mr J Lazarus SC with Mr N Li (Plaintiffs) Mr A Cheshire SC (Second Defendant)