Rialto Sports Pty Limited v Cancer Care Associates Pty Limited; Rialto Sports Pty Limited v CCA Estates Pty Limited; Rialto Sports Pty Limited v Davjul Holdings Pty Limited; Rialto Sports Pty Limited v Armman Pty Limited
Case
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[2023] NSWCA 228
•25 September 2023
Details
AGLC
Case
Decision Date
Rialto Sports Pty Limited v Cancer Care Associates Pty Limited; Rialto Sports Pty Limited v CCA Estates Pty Limited; Rialto Sports Pty Limited v Davjul Holdings Pty Limited; Rialto Sports Pty Limited v Armman Pty Limited [2023] NSWCA 228
[2023] NSWCA 228
25 September 2023
CaseChat Overview and Summary
In the Supreme Court of Victoria, Justice Adamson JA considered applications by Rialto Sports Pty Limited against Cancer Care Associates Pty Limited, CCA Estates Pty Limited, Davjul Holdings Pty Limited, and Armman Pty Limited. The dispute concerned interlocutory applications for freezing orders.
The primary legal issue before the Court was whether to grant the requested freezing orders. The Court was required to determine the terms of these orders, noting that most were to be made by consent, with the exception of a specific provision, 8(a).
Justice Adamson JA granted leave to file the notice of motion and made the freezing orders as annexed and marked "A", acknowledging that these were by consent, save for the aforementioned provision 8(a). The Court also noted undertakings given by the applicants. Liberty was granted to restore the matter on 24 hours' notice, and the respondents were ordered to pay the applicants' costs of the notice of motion. The matter was listed for further consideration on 3 October 2023, with the possibility of vacating this listing if no longer required.
The primary legal issue before the Court was whether to grant the requested freezing orders. The Court was required to determine the terms of these orders, noting that most were to be made by consent, with the exception of a specific provision, 8(a).
Justice Adamson JA granted leave to file the notice of motion and made the freezing orders as annexed and marked "A", acknowledging that these were by consent, save for the aforementioned provision 8(a). The Court also noted undertakings given by the applicants. Liberty was granted to restore the matter on 24 hours' notice, and the respondents were ordered to pay the applicants' costs of the notice of motion. The matter was listed for further consideration on 3 October 2023, with the possibility of vacating this listing if no longer required.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Commercial Law
Legal Concepts
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Costs
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Consent
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Injunction
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Remedies
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Stay of Proceedings
Actions
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Most Recent Citation
Rialto Sports Pty Limited v Cancer Care Associates Pty Limited; CCA Estates Pty Limited; Davjul Holdings Pty Limited; Armmam Pty Limited (No 2) [2023] NSWCA 246
Cases Citing This Decision
1
Cases Cited
2
Statutory Material Cited
0
Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd
[2005] NSWSC 784