McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 89

New South Wales Supreme Court

CITATION : McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 89

HEARING DATE(S) : 10 February 2010

JUDGMENT DATE : 18 February 2010

JURISDICTION : Equity Division

JUDGMENT OF : Ward J

DECISION : Application to re-open granted. Notice of motion otherwise dismissed.

CATCHWORDS : PRACTICE AND PROCEDURE – application for leave to re-open before hearing is concluded and delivery of final judgment – principles relevant to grant of leave to re-open – plaintiff seeking to tender further evidence coming into existence after conclusion of proceedings – leave granted to re-open and submit further evidence – INJUNCTIONS – principles concerning when an injunction of the kind referred to as a Mareva order should be made – requirement of prima facie cause of action and real risk of frustration of judgment – not necessary to show an intention to frustrate – no Mareva order made – balance of convenience in favour of defendant

CATEGORY : Procedural and other rulings

ASIC v Rich [2006] NSWSC 826 Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) 198 CLR 380 Hadid v Lenfest Communications Inc (1996) FCR 446 Idonz Pty Limited v National Capital Development Commission (1986) 13 FCR 70 Inspector General in Bankruptcy v Bradshaw [2006] FCA 22 Jackson v Sterling Industries (1987) 162 CLR 612 CASES CITED : Kizbeau Pty Limited v W G & B Pty Limited (1995) HCA 4; (1995) 184 CLR 281 National Australia Bank Limited v Bond Brewing Holdings Ltd [1990] HCA 10; (1990) 169 CLR 271 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Smith v New South Wales Bar Association [No 2] (1992) 176 CLR 256 Telstra Corporation Limited v Australian Competition & Consumer Commission [2008] FCA 1436 Urban Transport Authority of NSW v Nweiser (1991) 28 NSWLR 471 Vaughan v Bongiorno [2007] NSWSC 1398