Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWCA 110

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Berhero Pty Ltd v Senibina Sentral SDN BHD [2024] NSWCA 110 Hearing dates: 10 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Before: Leeming JA Decision: 1. List the summons seeking leave to appeal for hearing on Wednesday 29 May 2024. 2. Note that the Registrar will shortly advise the parties whether that hearing is to be of leave alone or, as the applicant has sought, a concurrent hearing. 3. Note that the Court Book below, supplemented by the respondents' evidence adduced below, will stand as the equivalent of the Blue Books. 4. Direct the respondents to file and serve their submissions on or before Monday 20 May 2024. 5. Direct the applicant to file and serve their submissions in reply on or before Friday 24 May 2024. 6. Direct the parties to file and serve a joint chronology or separate chronologies by Friday 24 May 2024. 7. Direct the applicant to file and serve four copies of an Orange Book containing the parties' submissions and chronologies by 4pm Monday 27 May 2024. 8. Grant liberty to apply on 1 business day's notice to Associate of Leeming JA to all parties. ORDERS ON THE NOTICE OF MOTION: 1. Nothing in order 2(i) made on 26 April 2024 in proceeding 2022/229200 prevents Berhero Pty Ltd or any of its representatives from informing the High Court of Malaya of the status of NSW Supreme Court proceedings 2022/229200 or the status of the newly commenced appeal, including its listing for hearing on 29 May 2024. 2. Otherwise dismiss paragraphs 1 and 2 of the Notice of Motion filed 9 May 2024. 3. Both sides' costs of the Notice of Motion will be their costs in the proceedings. Catchwords: PRACTICE – interlocutory relief pending appeal – application for leave to appeal from interlocutory injunction preventing steps being taken in pending Malaysian proceedings – whether applicant should be permitted to advise High Court of Malaya of existence of appeal and hearing set down at end of May – whether applicant should be permitted to apply to adjourn Malaysian proceedings – whether interlocutory orders necessary to protect subject matter of appeal – limited relief granted Cases Cited: Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd [2017] NSWCA 331 Category: Procedural rulings Parties: Berhero Pty Ltd (Applicant) Senibina Sentral SDN BHD 201201027500 (First Respondent) Senibina Murni SDN BHD 201201035243 (Second Respondent) Dato' Sri Anne Teo (Third Respondent) Datuk Chris SW Low (Fourth Respondent) Representation: Counsel: J Mack (Applicant) C Harris (Respondents)