KB Productions 2001 Pty Ltd (Deregistered) and Ors v Kurt and Anor [2015] NSWSC 1330

KB Productions 2001 Pty Ltd (Deregistered) and Ors v Kurt and Anor [2015] NSWSC 1330

The interests of justice require the plaintiff have the opportunity to obtain legal representation in light of the serious allegation made, but defendants should not have to bear the ongoing burden of an injunction in the circumstances; therefore, the adjournment is granted but the ex parte injunction is set aside.

Jurisdiction
Australia
Judgment Date
03 September 2015
Procedural Posture
Interlocutory Application / Adjournment Application and Application to Set Aside Ex Parte Injunction
Outcome
Adjournment granted; ex parte injunction dissolved.
Legal Topics
['adjournment' 'ex Parte Injunction' 'possession of Leased Premises']
['civil Procedure'] ['adjournment' 'ex Parte Injunction' 'possession of Leased Premises']

Case Brief

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Procedural Posture

Interlocutory Application / Adjournment Application and Application to Set Aside Ex Parte Injunction

Legal Issues

  1. 1 ['Should the hearing of the application for the continuance or dissolution of an ex parte injunction be adjourned?' 'Should the ex parte injunction granted on 30 August 2015 be dissolved?']

Ratio Decidendi

The interests of justice require the plaintiff have the opportunity to obtain legal representation in light of the serious allegation made, but defendants should not have to bear the ongoing burden of an injunction in the circumstances; therefore, the adjournment is granted but the ex parte injunction is set aside.

Court Disposition

Adjournment granted; ex parte injunction dissolved.

Orders

  • ['The orders of McCallum J made on 30 August 2015 be set aside.' 'The matter is stood over to 8 September 2015 at 9.30am before Beech-Jones J.' 'Order these orders to be entered forthwith.']