NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Monash IVF Pty Ltd v Dr Lynn Burmeister [2017] NSWSC 849 Hearing dates: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Equity - Commercial List Before: Hammerschlag J Decision: Directions. Matter fixed for final hearing to commence on 17 July 2017 and appropriate procedural steps ordered Catchwords: CASE MANAGEMENT – directions hearing – where proceedings commenced urgently to enforce a restraint of trade covenant – where proceedings were commenced in Victoria by the defendants earlier seeking a bare negative declaration – first return of summons in this Court – no application for stay or transfer and none foreshadowed – application that Court simply make no directions – appropriateness of fixing matter for final hearing in this Court and otherwise making directions Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1986 (Vic) Cases Cited: Kawasaki Steel Corporation v Owners and Others Interested in the Ship "Daeyang Honey" (1993) 120 ALR 109 Category: Procedural and other rulings Parties: Monash IVF Pty Ltd - First Plaintiff Monash IVF Group Limited - Second Plaintiff Dr Lynn Burmeister - First Defendant Ippoliti Pty Ltd - Second Defendant Representation: Counsel: A.S. Bell SC with Y Shariff and V. Bulut - Plaintiffs J. B. Davis QC with E.L. Murphy - Defendants
Solicitors: Clayton Utz - Plaintiffs M&K Lawyers - Defendants File Number(s): 2017/185462
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