Papas v Grave [2013] NSWCA 308

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Papas v Grave [2013] NSWCA 308 Hearing dates: 29 May 2013 and 19 July 2013 Decision date: 23 September 2013 Before: Basten JA at [1]; Emmett JA at [15]; Sackville AJA at [92]. Decision: 1. To the extent necessary, leave is granted to the applicants to appeal from the judgment in the Equity Division of 27 November 2012. 2. The applicants are directed to file within seven days the draft notice of appeal contained in the white folder. 3. Appeal dismissed. 4. The applicants are to pay the respondents' costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: REMEDIES - ex parte interlocutory injunction - whether breach of disclosure obligation by moving party - where no final relief sought - where moving party claimed to be protecting integrity of Court's processes by preventing self-help by plaintiff - where no undertaking as to damages - where other party subsequently consented to continuation of injunction - where other party later sought dissolution of injunction ab initio so as to cause alleged contempt for failing to comply with injunction to fall away - whether subsequent consent relevant to dissolution motion