Avwin Pty Ltd v PT Limited [2024] NSWSC 436

Avwin Pty Ltd v PT Limited [2024] NSWSC 436

The injunction restraining Westfield from interfering with the plaintiff's possession is discharged as the plaintiff no longer claims a right to occupy after 15 May 2024, has abandoned reliance on an equitable lease, and damages are an adequate remedy; therefore, the balance of convenience does not favour continuation of the injunction.

Parties
Plaintiff/second Cross Defendant: Avwin Pty Ltd ACN 609 932 176; First Defendant/first Cross Defendant: P.T. Limited ACN 004 454 666; Second Defendant/cross Claimant: Zilver Chatswood Restaurant Holding Pty Ltd ACN 604 184 8858
Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Equity / Application to Discharge Injunction; Procedural Ruling
Outcome
Plaintiff's injunction discharged; costs application granted
Legal Topics
Injunctions, Possession of Premises, Landlord and Tenant, Holding Over, Equitable Lease
Equity Injunctions Possession of Premises Landlord and Tenant Holding Over Equitable Lease

Case Brief

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Parties

Avwin Pty Ltd ACN 609 932 176

Plaintiff/second Cross Defendant

P.T. Limited ACN 004 454 666

First Defendant/first Cross Defendant

Zilver Chatswood Restaurant Holding Pty Ltd ACN 604 184 8858

Second Defendant/cross Claimant

Procedural Posture

Equity / Application to Discharge Injunction; Procedural Ruling

Legal Issues

  1. 1 Whether the plaintiff is lawfully in possession of premises as tenant
  2. 2 Whether an injunction restraining the defendant landlord from entering the premises should continue
  3. 3 Whether the plaintiff is holding over under the lease or has an equitable lease

Ratio Decidendi

The injunction restraining Westfield from interfering with the plaintiff's possession is discharged as the plaintiff no longer claims a right to occupy after 15 May 2024, has abandoned reliance on an equitable lease, and damages are an adequate remedy; therefore, the balance of convenience does not favour continuation of the injunction.

Court Disposition

Plaintiff's injunction discharged; costs application granted

Orders

  • The injunction granted on 10 April 2024 and varied on 16 April 2024 is discharged.
  • The plaintiff is to pay the defendant's costs of, and incidental to, the application to discharge the injunction. Those costs include the costs of today.