Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 879

Supreme Court New South Wales

Medium Neutral Citation: Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 879 Hearing dates: 08/06/2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Dismiss application for interlocutory injunctive relief. Catchwords: CIVIL PROCEDURE – interlocutory application to restrain ninth defendant from sending communications to the plaintiffs and their employees – where both sides have been prepared to lob epistolary grenades at the other – where present application peripheral to the real issues in the substantive litigation – no basis established for ordering restraint – whether power to order that both parties should step back and take a cold shower before resuming the civilised preparation of the substantive litigation – application dismissed. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: McGuirk v The University of New South Wales [2009] NSWSC 253 McGuirk v The University of New South Wales [2010] NSWCA 104 Texts Cited: Uniform Conduct, Practice and CPD Rules for Solicitors Category: Procedural and other rulings Parties: Birketu Pty Ltd (First Plaintiff) WIN Corporation Pty Ltd (Second Plaintiff) Westpac Banking Corporation (First Defendant) Sportsbet Pty Ltd (Second Defendant) Tabcorp Holdings Ltd (Third Defendant) Betfair Pty Ltd (Fourth Defendant) Brody Jack Clarke (Fifth Defendant) Tab Ltd (Sixth Defendant) Tabcorp Wagering (Vic) Pty Ltd (Seventh Defendant) Tabcorp ACT Pty Ltd (Eighth Defendant) John Ljubomir Atanaskovic (Ninth Defendant) Anthony Geoffrey Hartnell (Tenth Defendant) Representation: Counsel: