NSW Caselaw
New South Wales Supreme Court
CITATION : ACP -v- Southdown [2001] NSWSC 273 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50160/99 HEARING DATE(S) : 9.4.01 JUDGMENT DATE : 12 April 2001
PARTIES : ACP Magazines Pty Ltd -v- Southdown Publications Pty Ltd & Anor JUDGMENT OF : Hunter J
COUNSEL : Applicant: S Gageler SC & I Pike Respondent: A J Meagher SC SOLICITORS : Applicant: Blake Dawson Waldron Respondent: Gilbert & Tobin CATCHWORDS : Practice & procedure - interlocutory injunction pending appeal - whether question of construction seriously arguable on appeal. CASES CITED : The Aboriginal Community Benefit Fund Pty Ltd -v- Batemans Bay Aboriginal Land Council (unreported, 29 October 1996) DECISION : Orders restraining inspection of records pending determination of leave to appeal.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST HUNTER J THURSDAY 12 APRIL 2001 50160/99 ACP MAGAZINES PTY LIMITED -v- SOUTHDOWN PUBLICATIONS PTY LIMITED REASONS FOR JUDGMENT
1 In these reasons I have used the terminology adopted in my reasons for judgment of 14 March 2001. 2 The application on behalf of News has undergone some changes since it was first brought by notice of motion, filed 28 March 2001, seeking a stay of execution of orders made on 14 March 2001 (the orders). The orders were declaratory in nature and related to the entitlement of ACP to inspect records of the Business pursuant to cl 5 of the deed. I think it is accepted by News that the relief initially sought was inappropriate in relation to a declaratory order. 3 For that reason, News foreshadowed an amendment to the notice of motion in the following terms: "2. Further or in the alternative, an order pending the determination of the appeal, restraining : (a) the Chairman of the plaintiff or his nominee, when inspecting the books and records of TV Week in accordance with clause 5 of the Deed dated 6 August 1980 between Australian Consolidated Press Limited, News Limited and Southdown Publications Pty Limited, from acting with such assistance from any other person as he, she or they may reasonably require ("assistants"):
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