Bovis Lend Lease Pty Limited v EMB Fire SystemsPty Limited [2000] NSWSC 683

Procedural Posture

Application for Interlocutory Relief in the Equity Division Construction List / Urgent Interlocutory Hearing

Legal Issues

1. 1 ['Whether Bovis Lend Lease Pty Limited should receive urgent interlocutory relief requiring access to drawings and documents for the Sydney International Terminal expansion project.' 'Whether EMB Fire Systems Pty Limited should receive the urgent interim interlocutory relief sought in its summons.' "Whether the balance of convenience favoured granting Bovis relief despite EMB Fire Systems Pty Limited's opposition and asserted impossibility defence."]

Ratio Decidendi

The clear balance of convenience required granting Bovis Lend Lease Pty Limited interlocutory relief upon the usual undertaking as to damages because it urgently needed the project drawings and manuals to meet contractual obligations to Sydney Airport Corporation Limited, avoid serious delay and liquidated damages exposure, and permit completion and certification of the airport works. EMB Fire Systems Pty Limited's opposition, including the asserted impossibility defence and submissions about EMB Fire Technology Pty Limited, did not provide a sufficient basis to refuse Bovis' relief or to grant EMB's urgent relief.

Court Disposition

Bovis Lend Lease Pty Limited was granted interlocutory relief upon the usual undertaking as to damages; EMB Fire Systems Pty Limited's urgent interlocutory relief was not granted; costs were reserved and the matters were stood over.

Orders

• ['The earlier order was revoked.' 'Upon the plaintiff by its solicitor giving the usual undertaking as to damages, order 1 was made in terms of the document called "order" dated 3 March 2000.' 'Costs of the day were reserved.' 'The summons in both matters and the notice of motion were stood over until 10 March...