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[2002] VSC 327
Supreme Court of Victoria
2002-08-09
Nettle J
Original judgment source is linked above.
[2002] VSC 327
EQUITY - Injunction - Interim injunction to restrain publication of without prejudice communications and confidential information.
Mr Houghton, obviously the undertaking as to damages is in appropriate form. Can one have any confidence that Daimleigh would be good for the money if the undertaking were enforced?
MR HOUGHTON: As far as I know, yes, Your Honour. It is a real estate agent, it is licensed, and it carries on a business.
HIS HONOUR: Upon the undertaking to issue the writ and to serve the same by 12 pm Monday 12 August, I suppose that is satisfactory. I suspect you should also serve, should you not, a copy of the affidavit, the exhibits and this order.
HIS HONOUR: After "relief", if I insert "the affidavit of Leigh Chiavaroli sworn 9 August and the exhibits thereto together with a copy of this order". "To issue the writ and summons seeking interlocutory relief by 12 pm Monday 12 August 2002 and serving the same and the affidavit of Leigh Chiavaroli sworn 9 August and exhibits together with a copy of this order by no later than 4 pm that day." Upon those undertakings being given, Mr Houghton, I will make the orders in terms of Minutes 1, 2 and 3. Can you conveniently get that amendment made?
MR HOUGHTON: Yes, we can have that re-engrossed and to your associate I think very shortly, Your Honour, if that is convenient.
[1] [1957] HCA 92; (1957) 99 CLR 285 at 291.
[2] [2001] 1 Qd R 275, esp. at [12] to [14].
[3] [2000] VSC 378 at [4] to [7].
Daimleigh Pty Ltd
Brandi [2002] VSC 327
(1957) 99 CLR 285