Kavia Holdings Pty. Limited & Anor. v. Werncog Pty. Limited [1999] NSWSC 932

New South Wales Supreme Court CITATION : Kavia Holdings Pty. Limited & Anor. v. Werncog Pty. Limited [1999] NSWSC 932 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : No. 2016 of 1998; No. 2585 of 1998 HEARING DATE(S) : 10th September 1999 JUDGMENT DATE : 10 September 1999

Kavia Holdings Pty. Limited - First Plaintiff PARTIES : Rocks Catering Pty. Limited - Second Plaintiff Werncog Pty. Limited - Defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. A. Sullivan QC with Mr. A. Leopold (Plaintiffs) Mr. D.R. Robinson with Mr. D. Kell (Defendant) SOLICITORS : Aubrey F. Crawley & Co., Sydney (Plaintiffs) Baker & McKenzie, Sydney (Defendants) CATCHWORDS : PRACTICE AND PROCEDURE - INTERLOCUTORY INJUNCTIONS - DUTY NOT TO MISLEAD COURT. At the hearing of a contested application by the lessee and/or occupant of two properties for an interlocutory injunction, the defendant deliberately misled the Court concerning a proper occupation fee for one property. On discovering this, the plaintiffs applied for a review of the conditions of the injunction imposed in relation to both properties. HELD that, had the original judge known that the defendant was deliberately misleading the Court concerning a proper occupation fee in respect of one property, this may have made a difference in the conditions imposed in respect of the other property; that those conditions should be reviewed; and upon review, that less onerous conditions should be imposed. DECISION : See page 8 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Friday 10th September 1999