In the matter of Australasian Barrister Chambers Pty Ltd (in liquidation) [2017] NSWSC 627

In the matter of Australasian Barrister Chambers Pty Ltd (in liquidation) [2017] NSWSC 627

Leave was granted to bring the application if required, and the receiver's concessions meant there was a serious question to be tried as to an equitable lease arising from the alleged 10 October 2016 oral agreement. However, there was no serious question to be tried from the 6 December 2016 written lease because, on the basis adopted, the receiver had already been appointed and ABCD's directors had no authority to grant it. Interlocutory injunctive relief was refused because DRA failed to establish that damages were inadequate, significantly delayed in protecting its claimed rights and seeking an injunction, failed to join or foreshadow its claim during ABCD's earlier injunction...

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Equity Corporations List; Application for Interlocutory Injunctive Relief Concerning Sale of Property and Claimed Equitable Lease / Interlocutory Application Filed 18 May 2017 Seeking Interlocutory Restraint and Final Relief; Oral Revised Judgment
Outcome
The Applicant's Interlocutory Process was dismissed with costs.
Legal Topics
['interlocutory Injunctions' 'equitable Lease' 'court Appointed Receiver With Power of Sale' 'adequacy of Damages' 'balance of Convenience' 'delay' 'real Property Sale Contract']
['equity' 'corporations' 'property Law'] ['interlocutory Injunctions' 'equitable Lease' 'court Appointed Receiver With Power of Sale' 'adequacy of Damages' 'balance of Convenience' 'delay' 'real Property Sale Contract']

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Procedural Posture

Equity Corporations List; Application for Interlocutory Injunctive Relief Concerning Sale of Property and Claimed Equitable Lease / Interlocutory Application Filed 18 May 2017 Seeking Interlocutory Restraint and Final Relief; Oral Revised Judgment

Legal Issues

  1. 1 ['Whether leave should be granted, to the extent necessary, for DRA to bring proceedings against a court-appointed receiver.' 'Whether DRA established a serious question to be tried that it held an enforceable equitable lease over the property arising from an alleged oral agreement of 10 October 2016 or a written lease dated 6 December 2016.' 'Whether damages would be an adequate remedy and whether the balance of convenience favoured interlocutory injunctive relief restraining completion of the sale or entry into a further contract.' "Whether DRA's delay and the adequacy of its undertaking as to damages weighed against an injunction."]

Ratio Decidendi

Leave was granted to bring the application if required, and the receiver's concessions meant there was a serious question to be tried as to an equitable lease arising from the alleged 10 October 2016 oral agreement. However, there was no serious question to be tried from the 6 December 2016 written lease because, on the basis adopted, the receiver had already been appointed and ABCD's directors had no authority to grant it. Interlocutory injunctive relief was refused because DRA failed to establish that damages were inadequate, significantly delayed in protecting its claimed rights and seeking an injunction, failed to join or foreshadow its claim during ABCD's earlier injunction...

Court Disposition

The Applicant's Interlocutory Process was dismissed with costs.

Orders

  • ["Dismiss the Applicant's Interlocutory Process with costs." 'The First Respondent serve, and send to the Associate to Black J, its written submissions, of no more than five pages in one and a half spacing, as to its application for indemnity costs by 4pm 22 May 2017.' 'The Applicant, Dispute Resolution Associates...