NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DXC Eclipse Pty Ltd v Wildsmith [2022] NSWCA 224 Hearing dates: 31 October 2022 Date of orders: 3 November 2022 Decision date: 03 November 2022 Before: Macfarlan JA Decision: Order that DXC Eclipse's amended notice of motion be dismissed with costs. Catchwords: APPEAL – appellant sought interim relief pending appeal – appeal arguable and balance of convenience not strongly favouring either side – respondents' success in proceedings at first instance decisive factor Cases Cited: Australian Securities and Investments Commission v Hellicar (2012) 247 CLR 345; [2012] HCA 17 DXC Eclipse Pty Ltd v Wildsmith [2022] NSWSC 512 DXC Eclipse Pty Ltd v Wildsmith (No 2) [2022] NSWSC 1330 DXC Eclipse Pty Ltd v Wildsmith (No 4) [2022] NSWSC 1452 Category: Procedural rulings Parties: DXC Eclipse Pty Ltd (Applicant) Martin Wildsmith (First Respondent) On-Key Consulting Pty Ltd (Second Respondent) Representation: Counsel: C Cochrane SC/ A Spies (Applicant) J Knackstredt (Respondent)
Solicitors: Bird & Bird (Applicant) Maurice Blackburn Lawyers (Respondent) File Number(s): 2022/314994 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Division Citation: [2022] NSWSC 1330 Date of Decision: 30 September 2022 Before: Parker J File Number(s): 2022/91079
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