Papas v Grave

[2013] NSWCA 308

NSW Court of Appeal

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Interrogate

Catchwords

1. Remedies
2. › Injunctions
3. › Interlocutory injunctions
4. › Ex parte applications
5. › Duty of full and frank disclosure
6. › Whether breach of disclosure obligation by moving party
7. › Whether failure to disclose correct legal principles
8. › Whether failure to disclose absence of claim for final relief
1. Remedies
2. › Injunctions
3. › Interlocutory injunctions
4. › Undertaking as to damages
5. › Whether interlocutory injunction may be granted without undertaking as to damages
6. › Whether injunction to protect integrity of court's processes is exceptional circumstance
1. Remedies
2. › Injunctions
3. › Interlocutory injunctions
4. › Dissolution of injunction
5. › Whether subsequent consent to continuation of injunction relevant to dissolution motion
6. › Whether events after grant of injunction relevant to exercise of discretion
1. Practice and Procedure
2. › Contempt
3. › Orders of superior court of record
4. › Whether orders valid until set aside
5. › Whether orders can be dissolved ab initio so as to cause alleged contempt to fall away

Quick Take

The duty of full and frank disclosure on ex parte applications requires disclosure of material facts and legal principles, but the extent of legal principle disclosure required depends on the circumstances including the urgency of the application. A party who consents to the continuation of an ex parte injunction and fails to exercise liberty to apply to vary it will face significant difficulty in later seeking dissolution of the injunction on grounds of non-disclosure. Orders of a superior court of record are valid until set aside and cannot be dissolved ab initio so as to negate contempt for non-compliance; the circumstances of the order's making go only to punishment.