Narellan Franchise Pty Ltd v RBME Pty Ltd (No 3) [2023] NSWSC 534

Supreme Court New South Wales

Medium Neutral Citation: Narellan Franchise Pty Ltd v RBME Pty Ltd (No 3) [2023] NSWSC 534 Hearing dates: On the papers Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Equity - Expedition List Before: Parker Decision: See [61] Catchwords: COSTS – party/party – whether lump sum should be paid on account of costs – where costs order concerns interlocutory application to enforce post-contractual restraints and expedited separate hearing of whether final injunctions should be granted – where other claims outstanding – where interlocutory application hearing also concerned confidentiality obligations COSTS – party/party – motion to vary undertakings – where party released from undertakings and new undertakings eventually made by consent, after negotiations as to wording of varied undertaking – whether appropriate order no order as to costs Legislation Cited: Uniform Civil Procedure Rules 2005, rr 42.1, 42.7

Cases Cited: Application of Rinehart: 2020/142504 (No 2) [2021] NSWSC 364 Ashwood v Ashwood [2023] NSWSC 208 Chahwan v Euphoric Pty Ltd trading as Clay & Michael [2009] NSWSC 805 Fiduciary Ltd v Morningstar Research Pty Ltd (2002) 55 NSWLR 1 Hamod v New South Wales [2007] NSWSC 707 Narellan Franchise Pty Ltd v RBME Pty Ltd (No 2) [2022] NSWSC 1590 Narellan Franchise Pty Ltd v RBME Pty Ltd [2022] NSWSC 988 Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Showtime Touring Group Pty Ltd v Mosley Touring Inc (2013) 296 ALR 597