NSW Mobile Fleet Services Pty Ltd v Max Mobile and Detailing Pty Ltd [2023] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: NSW Mobile Fleet Services Pty Ltd v Max Mobile and Detailing Pty Ltd [2023] NSWSC 140 Hearing dates: 20 February 2023 Date of orders: 20 February 2023 Decision date: 20 February 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Refuse the relief sought in the Notice of Motion filed in Chambers on 13 December 2022 so far as concerns prayers 6(c); (d) and (e); (2) Notice of motion is otherwise dismissed; (3) No order as to costs each party should bear its or their own costs. Catchwords: CIVIL PROCEDURE — implied undertakings — "Harman undertaking" — release from undertaking — special circumstances not established — release sought to make complaint regarding suspected illegality — no special circumstances found — prejudice to author considered Cases Cited: Ashby v Slipper (No 2) [2016] FCA 550 Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Crest Homes PLC v Marks [1987] 1 AC 829 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Liberty Funding Pty Ltd v Phoenix Capital Limited [2005] FCAFC 3; (2005) 218 ALR 283 Nowlan v Marson Transport (2001) 53 NSWLR 116; [2001] NSWCA 346 Papantoniou v Stonewall Hotel Pty Ltd [2018] NSWCA 85; (2018) 19 BPR 38,547 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Texts Cited: Nil Category: Procedural rulings Parties: NSW Mobile Fleet Service Pty Limited trading as Running Gear Automotive (First Plaintiff) Giovanni Barbanera (Second Plaintiff) Tobian Clayton (Third Plaintiff) George Karayannopoulos (Fourth Plaintiff) Max Mobile Car Wash and Detailing Pty Limited trading as Max Mobile (First Defendant) Jack Volpes (Second Defendant) Representation: Counsel: MB Evans (Plaintiffs) D Mahendra (Defendants)