Saleh v Romanous
Case
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[2010] NSWCA 373
•16 December 2010
Details
AGLC
Case
Decision Date
Saleh v Romanous [2010] NSWCA 373
[2010] NSWCA 373
16 December 2010
CaseChat Overview and Summary
In *Saleh v Romanous*, the Second Appellant sought a stay of orders made by Justice Forster on 20 November 2009, pending an application for special leave to appeal to the High Court of Australia. The dispute concerned the Second Appellant's dealings with certain properties and a business, and the respondents sought to restrain her from dealing with these assets.
The primary legal issue before McColl JA was whether to grant a stay of the existing orders and impose interlocutory injunctions restraining the Second Appellant from dealing with specified assets, including properties and a business known as Cosmopolitan Shoes, and from increasing borrowings secured on those properties.
McColl JA granted the stay and imposed the injunctions upon the Second Appellant providing an undertaking to prosecute her application for special leave to appeal and, if granted, the appeal, with due diligence and expedition. The court also ordered that the Second Appellant be restrained from selling, transferring, mortgaging, charging, further encumbering, or otherwise dealing with the specified properties and business, and from increasing borrowings secured on those properties, with limited exceptions for an overdraft facility and the accumulation of interest. The Second Appellant was ordered to pay the costs of one hearing, with the costs of the current hearing and application to be costs in the special leave application. Liberty was granted to the parties to apply on short notice.
The primary legal issue before McColl JA was whether to grant a stay of the existing orders and impose interlocutory injunctions restraining the Second Appellant from dealing with specified assets, including properties and a business known as Cosmopolitan Shoes, and from increasing borrowings secured on those properties.
McColl JA granted the stay and imposed the injunctions upon the Second Appellant providing an undertaking to prosecute her application for special leave to appeal and, if granted, the appeal, with due diligence and expedition. The court also ordered that the Second Appellant be restrained from selling, transferring, mortgaging, charging, further encumbering, or otherwise dealing with the specified properties and business, and from increasing borrowings secured on those properties, with limited exceptions for an overdraft facility and the accumulation of interest. The Second Appellant was ordered to pay the costs of one hearing, with the costs of the current hearing and application to be costs in the special leave application. Liberty was granted to the parties to apply on short notice.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Injunction
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Stay of Proceedings
Actions
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Citations
Saleh v Romanous [2010] NSWCA 373
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Statutory Material Cited
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Saleh v Romanous
[2010] NSWCA 274
Romanous v Saleh
[2009] NSWSC 1166
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[2008] NSWCA 261
Cited Sections