NSW Caselaw
New South Wales Supreme Court
CITATION : Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2006] NSWSC 317 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19 April 2006
JUDGMENT DATE : 21 April 2006
JURISDICTION : Equity
JUDGMENT OF : Brereton J
DECISION : Order that the Notice of Motion filed on 14 November 2005 and amended on 10 February 2006 be dismissed with costs.
CATCHWORDS : INJUNCTIONS - Interlocutory injunctions - Mareva injunction - reconsideration and variation - where variation sought to provide for legal costs of defence – where order binds only part of defendant's assets – whether defendant bears onus of showing that proposed expenditure is reasonable and that there are no other available resources – where other resources have been expended by defendant for the benefit of its associates – where application made soon after an earlier unsuccessful application.
LEGISLATION CITED : Trade Practices Act 1974 (Cth)
A v C (No 2) [1981] 2 All ER 126 Bell Wholesale Corp Cop Pty Ltd v Gates Exp0ort Corp (No 2) (1984) 8 ACLR 588 Clark Equipment Credit of Australia Ltd v Conto Factors Pty Ltd (1988) 1 NSWLR 552 Clout (Trustee) v Anskor Pty Ltd [2001] FCA 174, [19]-[20] Drumdurno Pty Ltd v Braham [1982] 1 ACLC 397 Frigo v Culhaci (NSWCA, 17 July 1998, BC9803225) Glenwood Management Group Pty Ltd v Mayo [1991] 2 VR 49 CASES CITED : Goumas v McIntosh [2002] NSWSC 713 Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2004] NSWSC 893 Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2005] NSWSC 1225 Lewis v Nortex Pty Ltd (in liq) (NSWSC, Hamilton J, 16 February 2004, BC200400815) M.A. Productions Pty Ltd v Austrama Television Pty Ltd [1982] 1 ACLC 404 Michael Bickley Pty Ltd v Westinghouse Electric Australasia Ltd [1983] 1 ACLC 967 Satna Holdings Pty Ltd v Jokade Pty Ltd [1985] ATPR 40-529 Sent v Jet Corporation of Australia Ltd (1984) 54 ALR 237
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