Riva NSW Pty Ltd v Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 3)

[2018] NSWCA 326

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Extension of time
3. › Judicial review proceedings
4. › Proceedings commenced years after decision
5. › Whether extension of time should be granted
6. › Whether refusal would constitute injustice
7. › Uniform Civil Procedure Rules 2005 (NSW), r 59.10
1. Practice and Procedure
2. › Declaratory relief
3. › Utility of declarations
4. › Whether declaration that court lacked power to make order has utility where order already set aside by consent
5. › Supreme Court Act 1970 (NSW), s 75
1. Practice and Procedure
2. › Abuse of process
3. › Repeated challenges to same orders
4. › Fourth attempt to challenge same interlocutory orders

Quick Take

A claim on an undertaking as to damages given in support of interlocutory injunctive relief does not require a prior finding that the interlocutory order was beyond jurisdiction; once the injunction is set aside, the claim on the undertaking may proceed regardless of whether earlier applications to discharge the injunction were refused.