ORKO Fertilizers Pty Ltd v McClymont [2020] NSWSC 379

Supreme Court New South Wales

Medium Neutral Citation: ORKO Fertilizers Pty Ltd v McClymont [2020] NSWSC 379 Hearing dates: On the papers Decision date: 08 April 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Order that the time for service of the Summons, Commercial List Statement, and the unsworn affidavit of Andrew Christopher be abridged to 12.00 noon on 9 April 2020.

(2) Order that service of the Summons, Commercial List Statement and Mr Christopher's affidavit be effected: (a) electronically, by email: (i) to the first defendant for and on behalf of himself and as director of the second defendant at xxxxxx@gmail.com; (ii) copied to David Reid at david.reid@dwf.law; and (b) in hard copy, sent by post within 2 business days after the date of this order and addressed to "Frank McClymont, xxxx QLD xxxx".

(3) Direct that the Summons be made returnable at 10.00 am on Wednesday, 15 April 2020 before the Commercial List Duty Judge.

(4) Upon the plaintiffs giving the usual undertaking as to damages, order that until 5.00 pm on Wednesday, 15 April 2020, or further order of the Court, and subject to order (5), the defendants be restrained, whether by themselves or their servants and agents, from:

(a) directly or indirectly communicating with any person in relation to the business, operations, management or trading activities of the first plaintiff;

(b) engaging in any oral, written or electronic communication with the plaintiffs and their employees including without limitation the following individuals (i) John Kinghorn; (ii) Tom Boss; (iii) Marty Kim; (iv) Melissa Boyd; (v) Nigel Phelan; (vi) Kira Ang; and (vii) Greg Jones;