Tredrea and Geller and Ors
Case
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[2016] FamCA 634
•5 August 2016
Details
AGLC
Case
Decision Date
Tredrea and Geller and Ors [2016] FamCA 634
[2016] FamCA 634
5 August 2016
CaseChat Overview and Summary
The applicant, Tredrea, sought interlocutory relief against the respondents, Geller and others. The dispute concerned an application filed on 14 June 2016, with a response filed on 17 June 2016. The matter came before Berman J.
The primary legal issue before the court was whether to grant the interlocutory relief sought by the applicant, conditional upon the applicant providing an undertaking as to damages. The court was required to determine the terms upon which any such relief would be granted, or if it would be refused.
Berman J ordered that the relief sought by the applicant would be dismissed unless the applicant provided an undertaking as to damages within seven days. If the undertaking was provided, the application would be dismissed, but the matter would then be listed for trial, with the possibility of an early listing. Costs were reserved.
The primary legal issue before the court was whether to grant the interlocutory relief sought by the applicant, conditional upon the applicant providing an undertaking as to damages. The court was required to determine the terms upon which any such relief would be granted, or if it would be refused.
Berman J ordered that the relief sought by the applicant would be dismissed unless the applicant provided an undertaking as to damages within seven days. If the undertaking was provided, the application would be dismissed, but the matter would then be listed for trial, with the possibility of an early listing. Costs were reserved.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Injunction
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Costs
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Remedies
Actions
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Most Recent Citation
Tredrea and Geller and Ors (No 2) [2016] FamCA 949
Cases Citing This Decision
2
Tredrea and Geller & Ors
[2017] FamCA 156
Tredrea and Geller and Ors (No 2)
[2016] FamCA 949
Cases Cited
10
Statutory Material Cited
1
Bretton & Bondai
[2013] FamCAFC 168
Laybutt v Amoco Australia Pty Ltd
[1974] HCA 49
Laybutt v Amoco Australia Pty Ltd
[1974] HCA 49