NHB Enterprises Pty Ltd v Corry [2019] NSWSC 1659

Supreme Court New South Wales

Medium Neutral Citation: NHB Enterprises Pty Ltd v Corry [2019] NSWSC 1659 Hearing dates: 26 November 2019 Date of orders: 26 November 2019 Decision date: 26 November 2019 Jurisdiction: Equity Before: Parker J Decision: See [39] Catchwords: PRACTICE AND PROCEDURE – settlement agreement contained release of claims made in proceedings – party alleged to have subsequently breached orders subject of settlement agreement – whether parties can prevent bringing of contempt proceedings by settlement agreement – whether contempt proceedings amount to a breach of settlement agreement and may be restrained by injunction – whether Supreme Court Act (1970) NSW, s 61 appropriate basis for application. Legislation Cited: Supreme Court Act (1970) NSW, s 61 Supreme Court Rules 1970 (NSW), Part 55, Division 3 Cases Cited: Attorney General v Times Newspapers Limited [1974] AC 273; [1973] 3 All ER 54 Geneva Laboratories Ltd v Prestige Premium Deals Pty Ltd [2016] FCA 1441 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112; [1954] HCA 23 Louis Vuitton Malletier SA v Design Elegance Pty Ltd [2006] FCA 83 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Procedural and other rulings Parties: Rimon Ghaly (Applicant/Fifth Defendant) NHB Enterprises Pty Ltd (First Respondent/First Plaintiff) Finn Pharmaceuticals Pty Ltd (Second Respondent/Second Plaintiffs) Representation: Counsel: EAJ Hyde (Applicant/Fifth Defendant) S Dawson SC/T Senior (First and Second Respondents/First and Second Plaintiffs)