Beulah Matumbi Pty Ltd & Ors v The Trustee Company (PTAL) Limited as custodian of the Balmain MMT Mortgage Trust & Ors [2016] NSWSC 206

Beulah Matumbi Pty Ltd & Ors v The Trustee Company (PTAL) Limited as custodian of the Balmain MMT Mortgage Trust & Ors [2016] NSWSC 206

Although the Company's evidence of any lease or licence was slender and delay presented a substantial obstacle, the Company had a seriously arguable case that PTAL and the Receivers acted unconscionably by changing the locks at a child care centre on a Saturday without fair notice of what would occur. Because that conduct risked significant prejudice to the Company and serious inconvenience and distress to parents and children, and fair notice could have avoided those difficulties, the balance of convenience favoured granting interlocutory relief for a short period.

Jurisdiction
Australia
Judgment Date
06 March 2016
Procedural Posture
Equity Duty List Application for Interlocutory Injunction / Ex Parte Interlocutory Application by Summons
Outcome
Interlocutory injunction granted for a short period.
Legal Topics
['interlocutory Injunctions' 'mortgagee Possession' 'receivers' 'unregistered Lease' 'balance of Convenience' 'serious Question to Be Tried']
['procedure' 'equity' 'real Property' 'unconscionable Conduct'] ['interlocutory Injunctions' 'mortgagee Possession' 'receivers' 'unregistered Lease' 'balance of Convenience' 'serious Question to Be Tried']

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Procedural Posture

Equity Duty List Application for Interlocutory Injunction / Ex Parte Interlocutory Application by Summons

Legal Issues

  1. 1 ['Whether the Plaintiffs had established a prima facie case or serious question to be tried for final relief.' 'Whether damages would be an adequate remedy.' 'Whether the balance of convenience favoured an interlocutory injunction restraining the mortgagee and receivers from taking possession of the premises.' "Whether the Company's asserted unregistered lease or licence over the premises supported interlocutory relief." 'Whether the circumstances in which PTAL and the Receivers changed the locks at a child care centre without fair notice were unconscionable at general law or under statute.']

Ratio Decidendi

Although the Company's evidence of any lease or licence was slender and delay presented a substantial obstacle, the Company had a seriously arguable case that PTAL and the Receivers acted unconscionably by changing the locks at a child care centre on a Saturday without fair notice of what would occur. Because that conduct risked significant prejudice to the Company and serious inconvenience and distress to parents and children, and fair notice could have avoided those difficulties, the balance of convenience favoured granting interlocutory relief for a short period.

Court Disposition

Interlocutory injunction granted for a short period.

Orders

  • ['Orders made in accordance with the short minutes of order as amended by the Court and placed in the file.' "Liberty to apply on one hour's notice specifying the relief sought."]