Albarran, in the matter of Albarran and Vouris as agents of INF Capital Pty Ltd [2021] FCA 994

Albarran, in the matter of Albarran and Vouris as agents of INF Capital Pty Ltd [2021] FCA 994

The Prospective Applicant has a strong prima facie case by virtue of its registered security interest in the Crane, and the balance of convenience favours preserving the property as the risk of irreparable harm to the applicant outweighs any inconvenience to the respondents.

Jurisdiction
Australia
Judgment Date
29 July 2021
Procedural Posture
Ex Parte Application for Interim Injunction / Pre Commencement of Substantive Proceeding
Outcome
Interim injunction granted
Legal Topics
['injunctions' 'security Interests' 'leasing' 'personal Property Securities']
['corporations Law' 'commercial Law'] ['injunctions' 'security Interests' 'leasing' 'personal Property Securities']

Case Brief

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Procedural Posture

Ex Parte Application for Interim Injunction / Pre Commencement of Substantive Proceeding

Legal Issues

  1. 1 ['Whether there is a prima facie case for interim injunctive relief restraining disposal of a crane subject to security interest' 'Whether the balance of convenience favours the grant of the injunction']

Ratio Decidendi

The Prospective Applicant has a strong prima facie case by virtue of its registered security interest in the Crane, and the balance of convenience favours preserving the property as the risk of irreparable harm to the applicant outweighs any inconvenience to the respondents.

Court Disposition

Interim injunction granted

Orders

  • ['Until 5pm on 3 August 2021, Maxmara and JA International Pty Ltd, Abela Group Pty Ltd, Matt Tomas, and Victor Abela are restrained from disposing of or dealing with the 2002 Grove GMK6300 Crane bearing VIN W093006902WG12046.' 'The application is listed for further hearing on 3 August 2021.' 'Costs reserved.']