NASO -v- DANEHILL NOMINEES PTY LTD & ORS [2006] WASC 265
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2006] WASC 265 | |
| Case No: | CIV:1678/2006 | 15 NOVEMBER 2006 | |
| Coram: | MARTIN CJ | 15/11/06 | |
| 11 | Judgment Part: | 1 of 1 | |
| Result: | Application allowed and injunction discharged Order for indemnity costs made payable by plaintiff's legal advisers with liberty to set aside and liberty to apply if difficulty apportioning responsibility Order for the fifth defendant be joined as a defendant discharged | ||
| B | |||
| PDF Version |
| Parties: | BIANCA ROSIE NASO DANEHILL NOMINEES PTY LTD VINCENZO TRANCHITA VINCENZO FAZIO GIUSEPPINA FAZIO REGISTRAR OF TITLES TONY GREGO |
Catchwords: | Practice and procedure Injunctions Application to discharge injunction ex parte interlocutory injunction Procedural fairness Where no notice given to defendants against whom injunctive relief was sought at the time the application for injunction was made Whether the plaintiff's legal practitioners fulfilled their duties as officers of the Court Where the parties attended mediation Confidential nature of mediation Misuse of confidential information Where non-disclosure of certain information to the Judge who ultimately granted the injunction Where the effect of injunction would significantly prejudice negotiations Turns on own facts Costs Indemnity costs Where costs to be borne by the plaintiff's legal advisers |
Legislation: | Supreme Court Act 1935 (WA), s 71 |
Case References: | Bentley v Nelson [1963] WAR 89 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
DANEHILL NOMINEES PTY LTD
First Defendant
VINCENZO TRANCHITA
Second Defendant
VINCENZO FAZIO
Third Defendant
GIUSEPPINA FAZIO
Second-named Third Defendant
REGISTRAR OF TITLES
Fourth Defendant
TONY GREGO
Fifth Defendant
(Page 2)
Catchwords:
Practice and procedure - Injunctions - Application to discharge injunction ex parte interlocutory injunction - Procedural fairness - Where no notice given to defendants against whom injunctive relief was sought at the time the application for injunction was made - Whether the plaintiff's legal practitioners fulfilled their duties as officers of the Court - Where the parties attended mediation - Confidential nature of mediation - Misuse of confidential information - Where non-disclosure of certain information to the Judge who ultimately granted the injunction - Where the effect of injunction would significantly prejudice negotiations - Turns on own facts
Costs - Indemnity costs - Where costs to be borne by the plaintiff's legal advisers
Legislation:
Supreme Court Act 1935 (WA), s 71
Result:
Application allowed and injunction discharged
Order for indemnity costs made payable by plaintiff's legal advisers with liberty to set aside and liberty to apply if difficulty apportioning responsibility
Order for the fifth defendant be joined as a defendant discharged
Category: B
(Page 3)
Representation:
Counsel:
Plaintiff : Mr P C Doherty
First Defendant : Mr P K Walton
Second Defendant : Mr M N Solomon
Third Defendant : Mr P K Walton
Second-named…
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- [2006] WASC 265
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