Bluenergy Group Limited v Epoch Holdings Pty Limited [2014] NSWSC 179

Supreme Court New South Wales

Medium Neutral Citation: Bluenergy Group Limited v Epoch Holdings Pty Limited [2014] NSWSC 179 Hearing dates: 3 March 2014 Decision date: 04 March 2014 Jurisdiction: Common Law Before: Button J Decision: Upon the plaintiff, by its counsel, giving the usual undertaking as to damages, I make the following orders: (1)The first, second and third defendants, by themselves, their servants and agents, be restrained pending final determination of these proceedings, from exercising a lien over any goods, stock, products, stock orders and stock requests ("plaintiff's goods") belonging to the plaintiff and currently within the defendants' possession or likely to come within the defendants' possession. (2)The first, second and third defendants, by themselves, their servants and agents, be restrained from selling, transferring, parting with possession or otherwise dealing with the goods as identified in annexure "M" of Mr Andrew Howard's affidavit, affirmed 3 March 2014, until further order of the Court. (3)Time for service of the Summons, the affidavit of Mr Howard sworn 3 March 2014 and a copy of the Court's orders be abridged to 5:00pm 4 March 2014. (4)Matter to return to the Registrar's List on Tuesday 11 March 2014. (5)All parties to have liberty to restore the matter to the list on 48 hours' notice. (6)Costs of today reserved. Catchwords: REMEDIES - injunctions - interlocutory injunctions - ex parte application - summary of applicable principles Cases Cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 International Finance Trust Company Ltd v NSW Crime Commission [2009] HCA 49; 240 CLR 319 National Commercial Bank Jamaica Ltd v Olint Corporation Ltd [2009] 1 WLR 1405 Shoalhaven City Council v Bridgewater Investments Pty Ltd [2010] NSWLEC 103 Thomas A Edison Limited v Bullock (1912) 15 CLR 679 Category: Interlocutory applications Parties: Bluenergy Group Limited (Plaintiff) Epoch Holdings Pty Limited (First Defendant) Dr Choon Kee Wong (Second Defendant) Hymans Asset Management Pty Ltd (Third Defendant Representation: Counsel: F Maghami (Plaintiff) Solicitors: File Number(s): 2014/66021 Publication restriction: