Burrell Solicitors Pty Ltd v Reavill Farm Pty Ltd & Ors [2011] NSWSC 1602

Burrell Solicitors Pty Ltd v Reavill Farm Pty Ltd & Ors [2011] NSWSC 1602

There is at least a serious question to be tried that the agreement of 26 March 2011 is effective and enforceable; the plaintiff is entitled to orders to protect its rights under clause 2 of the agreement pending determination of competing claims to the proceeds of sale.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Interlocutory Application / Application for Injunction
Outcome
Injunction granted; proceeds of sale ordered paid into court; ancillary orders made.
Legal Topics
['equitable Remedies' 'injunction' 'enforcement of Agreement' 'prior Entitlement to Proceeds of Sale']
['equity'] ['equitable Remedies' 'injunction' 'enforcement of Agreement' 'prior Entitlement to Proceeds of Sale']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Injunction

Legal Issues

  1. 1 ['Whether plaintiff is entitled to injunction restraining defendants from dealing with proceeds of sale' 'Whether proceeds of sale should be paid into court for determination of competing claims' 'Whether directions to pay prior security holders breached agreement with plaintiff']

Ratio Decidendi

There is at least a serious question to be tried that the agreement of 26 March 2011 is effective and enforceable; the plaintiff is entitled to orders to protect its rights under clause 2 of the agreement pending determination of competing claims to the proceeds of sale.

Court Disposition

Injunction granted; proceeds of sale ordered paid into court; ancillary orders made.

Orders

  • ['Third, fourth, and fifth defendants restrained from dealing with proceeds of sale until further order, except in compliance with subsequent order.' 'Third, fourth, and fifth defendants to pay sale consideration (after adjustments) into court to be held until further order, without deduction for alleged prior...