Brighten Pty Limited v Bank of Western Australia Limited [2009] NSWSC 1467
The Court found that Brighten had established a prima facie case for continuation of the status quo based on the relative positions of the parties, as addressed in earlier orders, and that the balance of convenience favoured maintaining the interlocutory regime which limited the receiver’s powers through the vacation period.
- Jurisdiction
- Australia
- Judgment Date
- 23 December 2009
- Procedural Posture
- Application for Interlocutory Injunction / Interlocutory
- Outcome
- Injunction granted until 5 pm on 25 February 2010; costs reserved
- Legal Topics
- ['injunctions' 'appointment of Receivers' 'enforcement of Securities' 'material Adverse Change' 'prima Facie Case']
Case Brief
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Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Legal Issues
- 1 ['Whether a prima facie case exists for continuation of interlocutory regime during vacation' 'Whether enforcement of securities and appointment of additional receiver is justified after alleged acts of default' 'Whether status quo should be maintained until next term']
Ratio Decidendi
The Court found that Brighten had established a prima facie case for continuation of the status quo based on the relative positions of the parties, as addressed in earlier orders, and that the balance of convenience favoured maintaining the interlocutory regime which limited the receiver’s powers through the vacation period.
Court Disposition
Injunction granted until 5 pm on 25 February 2010; costs reserved
Orders
- ['Extend injunction granted yesterday until 5 pm on 25 February 2010' "Reserve costs of today's hearing"]
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