AT Air Group Pty Limited v Dieter Siewert (No 3) [2014] NSWSC 1129

Supreme Court New South Wales

Medium Neutral Citation: AT Air Group Pty Limited v Dieter Siewert (No 3) [2014] NSWSC 1129 Hearing dates: 31 July 2014 Decision date: 31 July 2014 Jurisdiction: Equity Division - Corporations List Before: Brereton J Decision: Defendants' and plaintiff's Notice of Motion dismissed. Catchwords: PROCEDURE - judgments and orders - amending, varying and setting aside - interlocutory injunctions - where condition upon which injunction granted subsequently fails - whether injunction to be set aside ex debito justitiae - where change of circumstances sufficient to warrant setting aside injunction - balance of convenience. Legislation Cited: (NSW) Real Property Act 1900, s 57(2)(b) Cases Cited: Adam P Brown Male Fashion Pty Ltd v Philip Morris Inc (1981) 148 CLR 570 Category: Interlocutory applications Parties: AT Air Group Pty Ltd (first plaintiff) Ross Edward Seller (second plaintiff) Aquatic Air Pty Ltd (third plaintiff) Avtex Air Services Pty Ltd (fourth plaintiff) Dieter Siewert (first defendant) Lieselotte Siewert (second defendant) Heron Airlines Travel Pty Ltd (third defendant) Wingaway Air Pty Ltd (in liq) (fourth defendant) AT Air Group Pty Limited (in liq) (fifth defendant) Representation: Counsel: Mr B Dean (third plaintiff) Dr A Bell SC (first and second defendants) Solicitors: Gibsons Lawyers (third plaintiff) Marsdens Law Group (first & second defendants) File Number(s): 2012/ 169096