NSW Caselaw
New South Wales Supreme Court
CITATION : Fexuto v Lombe and Yates [2006] NSWSC 981
HEARING DATE(S) : 18 September 2006
JUDGMENT DATE : 18 September 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
EX TEMPORE JUDGMENT DATE : 09/18/2006
DECISION : Amendment permitted
CATCHWORDS : PRACTICE – amendment of pleadings – PRACTICE – interlocutory injunction – scope of undertaking as to damages – EQUITY – interlocutory injunction – scope of undertaking as to damages
LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005
Fexuto Pty Ltd - Plaintiff David John Frank Lombe and Peter George Yates (in their capacities as Deed Administrators) - First Defendant National Bus Company Pty Ltd - Second Defendant Bosnjak Holdings Pty Ltd (subject to a Deed of Company Arrangement) - Third Defendant Bosnjak Property Development Pty Ltd (subject to a Deed of Company Arrangement) - Fourth Defendant Bosnjak Investments Pty Ltd (subject to a Deed of Company Arrangement) - Fifth Defendant Bosnjak Coach Lines Pty Ltd (subject to a Deed of Company Arrangement) - Sixth Defendant Bosnjak Bros Pty Ltd (subject to a Deed of Company Arrangement) - Seventh Defendant Parramatta Bus Co Pty Ltd (subject to a Deed of Company Arrangement) - Eighth Defendant PARTIES : St Mary's Bus Service Pty Ltd (subject to a Deed of Company Arrangement) - Ninth Defendant Westbus Pty Ltd (subject to a Deed of Company Arrangement) - Tenth Defendant Eniwill Pty Ltd (subject to a Deed of Company Arrangement) - Eleventh Defendant Bosnjak Enterprises Pty Ltd (subject to a Deed of Company Arrangement) - Twelfth Defendant Bosnjak International Sales Pty Ltd (subject to a Deed of Company Arrangement) - Thirteenth Defendant Smithfield Coach Imports Pty Ltd (subject to a Deed of Company Arrangement) - Fourteenth Defendant Blue Ribbon Bus Company Pty Limited (subject to a Deed of Company Arrangement) - Fifteenth Defendant Glenorie Bus Co Pty Ltd - Sixteenth Defendant Westbus (UK) Ltd - Seventeenth Defendant National Express Group Plc - Eighteenth Defendant
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