Raue v Morris [2013] NSWSC 1498

Supreme Court New South Wales

Medium Neutral Citation: Raue v Morris [2013] NSWSC 1498 Hearing dates: 10 October 2013 Decision date: 10 October 2013 Jurisdiction: Common Law Before: Button J Decision: On the plaintiff's undertaking for the period up to and including 4pm on Friday 25 October 2013 not to exercise his powers as a Director of the Board of the University of Sydney Union ("the Union"), the Court orders that: (1) The defendants be restrained until 4pm on Friday 25 October 2013 from proceeding in their capacity as members of the Board of the Union to entertain or determine the motion prepared by the first, second and third defendants that the plaintiff be found guilty of serious misconduct and cease to hold office immediately. (2) The summons be listed for directions or further orders before a Registrar of this Court on Wednesday 16 October 2013. (3) The costs of the motion be costs in the cause. Catchwords: PRACTICE AND PROCEDURE - application for interlocutory injunction - special resolution to remove director from board of student union - prima facie case established - whether balance of convenience favours granting - whether damages would be a sufficient remedy - whether other discretionary matters prevent granting - existence of other appeal mechanisms relevant but not determinative - undertaking as to damages not determinative - undertaking by applicant not to exercise powers - application granted for two weeks Cases Cited: Australian Broadcasting Corporation v O'Neil [2006] HCA 46; (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Category: Interlocutory applications Parties: Thomas Raue (P) Hannah Morris (D1) Sophie Stanton (D2) John Harding-Easson (D3) Karen Chau (D4) Kade Denton (D5) Evelyn Radunz (D6) Robert Magyar (D7) Tania Waniganayaka (D8) Bebe Ahna D'Souza (D9) Timothy Matthews (D10) Astha Rajvanshi (D11) Emma McDonald (D12) Simone Whetton (D13) Representation: Counsel: L Doust (P) G A Sirtes SC (D1-8, 10-13) Solicitors: Kemp Strang (D1-8, 10-13) File Number(s): 2011/303821