Monash IVF Pty Ltd v Mooring [2024] NSWSC 1651

Supreme Court New South Wales

Medium Neutral Citation: Monash IVF Pty Ltd v Mooring [2024] NSWSC 1651 Hearing dates: On the papers, final submissions ending 15 November 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Equity Before: Parker J Decision: See [22] Catchwords: COSTS — interlocutory costs — restraint of trade — application for injunction — short service obtained — plaintiff served voluminous evidence on defendant shortly before, and on date of, hearing — adjournment granted to allow defendant to file evidence — interlocutory injunction refused — application by plaintiff for costs thrown away by reason of adjournment refused — plaintiff to pay costs of interlocutory application in full — application by defendant for costs payable forthwith refused — costs in the cause Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Fiduciary v Morningstar (2002) 55 NSWLR 1 Omutta Pty Ltd v Wilson (No 2) [2019] NSWSC 401 Rhino Rack Australia Pty Ltd v Hub Computing Services Pty Ltd [2021] NSWSC 231 Texts Cited: Nil Category: Costs Parties: Monash IVF Pty Limited (Plaintiff) Charlotte Mooring (Defendant) Representation: Counsel: A R M Pollock/ A Storey (Plaintiff) D Mahendra/ J Pen (Defendant)

Solicitors: Burch & Co Lawyers (Plaintiff) Gadens (Defendant) File Number(s): 2024/266491 Publication restriction: Nil

JUDGMENT 1. On 29 July this year, I refused an interlocutory application by the plaintiff, Monash IVF Pty Ltd ("Monash"), who sought injunctive relief to enforce the restraint terms in a Service Agreement with the defendant, Dr Charlotte Mooring. This judgment deals with the consequential costs of that hearing.