The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2010] NSWSC 608

New South Wales Supreme Court

CITATION : The City of Sydney v Streetscape Projects (Australia) Pty Limited & Anor [2010] NSWSC 608

HEARING DATE(S) : 2/06/10

JUDGMENT DATE : 9 June 2010

JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

DECISION : Council to be released from the material undertakings. Short minute of order to be brought in.

CATCHWORDS : Practice and procedure - Final hearing dates requiring to be vacated - City of Sydney seeks release from undertakings given to the Court by reason of the new environment where no substitute hearing date has been given - Interlocutory injunctions - Principles

CATEGORY : Procedural and other rulings

The City of Sydney (Plaintiff) PARTIES : Streetscape Projects (Australia) Pty Limited (First Defendant) Moses Edward Obeid (Second Defendant)

FILE NUMBER(S) : SC 2009/298673

COUNSEL : Mr S Finch SC, Mr S Climpson and Mr C Bova (Plaintiff) Mr J Garnsey QC, Mr J Gooley and Mr G Connolly (Defendants)

SOLICITORS : Holding Redlich (Plaintiff) Colin Biggers & Paisley (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Wednesday 9 June 2010

2009/298673 The City of Sydney v Streetscape Projects (Australia) Pty Limted & Anor

JUDGMENT The notices of motion 1 In the wake of the recent vacation of the final hearing date of these proceedings both parties have filed notices of motion seeking adjustments of the anterior interlocutory orders. 2 The orders sought by the plaintiff are as follows

1. An order that the plaintiff be released from the undertaking given to the Court on 29 March 2010 upon the cross-claimant giving the usual undertaking as to damages secured by a payment into Court in the sum of $150,000 and upon the plaintiff giving the following undertaking in place of the undertaking given on 29 March 2010: "Without admissions, until final determination of these proceedings at first instance or until further order of this court, the plaintiff undertakes to the court that it will not enter into any agreement relating to the sale of the Intellectual Property in the "S1" and "S2" series of "Smartpole" poles provided that, until such final determination or further order: (a) The plaintiff shall be entitled to obtain supply of "S1" and "S2" "Smartpole" poles and accessories from third parties and supply drawings and specifications to third parties for the purpose of producing those streetpoles and accessories upon the basis that: