Idle Time Pty Limited v Greinert [2024] NSWSC 901

Supreme Court New South Wales

Medium Neutral Citation: Idle Time Pty Limited v Greinert [2024] NSWSC 901 Hearing dates: 4 and 5 July 2024 Date of orders: 4 and 5 July 2024 Decision date: 25 July 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: (1) Discharge search orders made 3 July 2024 with plaintiff to pay the defendant's costs of the application; (2) Dismiss plaintiff's oral application for injunctive relief with costs; and (3) Allow plaintiff's application for interim relief, preserving material brought into existence under discharged search orders. Catchwords: EQUITY – interlocutory application for interim relief pending final hearing – injunction sought to restrain defendant from dealing with property – whether serious question to be tried – where extreme generality of evidence means assessment of strength of prima facie case is unclear – where significant delay in seeking interim relief does not favour the balance of convenience EQUITY – interlocutory application for interim relief to preserve material brought into existence while executing search orders – where search orders are discharged – where defendant consents to documentation and collection of information after stay of search orders Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 25.3 and 25.19 Cases Cited: ABC v O'Neill (2006) 227 CLR 57 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Goyal v Chandra (2006) 68 NSWLR 313 Microsoft Corporation v Goodview Electronics Pty Ltd (1999) 46 IPR 159 Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd [2019] NSWSC 2 Re Colorado Products Pty Ltd [2012] NSWSC 1251 Samsung v Apple (2011) 217 FCR 238 Showcase Realty Pty Ltd v Circosta [2022] NSWSC 336 Texts Cited: Nil Category: Procedural rulings Parties: Idle Time Pty Limited (Plaintiff) Robert Greinert (Defendant) Representation: Counsel: Mr J Horowitz and Mr J Horowitz (Plaintiff) Mr A Hopkins (Defendant)