All North Shore Towing v Babbage [2018] NSWSC 1620

All North Shore Towing v Babbage [2018] NSWSC 1620

There is a serious question to be tried as to the certainty of the lease and the parties' intentions; balance of convenience favours granting interlocutory injunctive relief with conditions allowing defendant reasonable access and continued use of specific parts of the premises.

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Equity Application / Interlocutory, Orders on Interlocutory Injunction
Outcome
Interlocutory injunction granted on conditions; matter to continue on pleadings; costs to date are costs in proceedings.
Legal Topics
['interlocutory Relief' 'lease Definition' 'balance of Convenience' 'quiet Enjoyment' 'rectification']
['equity' 'real Property'] ['interlocutory Relief' 'lease Definition' 'balance of Convenience' 'quiet Enjoyment' 'rectification']

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Procedural Posture

Equity Application / Interlocutory, Orders on Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the lease is void for uncertainty due to unclear annexure' 'Whether the defendant is obstructing access to leased premises' 'Whether the defendant retains rights of use to equipment within the premises' 'Balance of convenience regarding interlocutory relief' 'Effect of alleged breach (absence of council consent)']

Ratio Decidendi

There is a serious question to be tried as to the certainty of the lease and the parties' intentions; balance of convenience favours granting interlocutory injunctive relief with conditions allowing defendant reasonable access and continued use of specific parts of the premises.

Court Disposition

Interlocutory injunction granted on conditions; matter to continue on pleadings; costs to date are costs in proceedings.

Orders

  • ['Plaintiff gives usual undertaking as to damages.' 'Until further order, defendant may use and have reasonable access to the part of the Premises described in the Schedule.' "Defendant is restrained from interfering with the plaintiff's use and quiet enjoyment of the Premises per the lease." 'Matter to continue on...