Simjanovska v Sentumar Pty Ltd trading as Storage King Rockdale [2017] FCA 736

Simjanovska v Sentumar Pty Ltd trading as Storage King Rockdale [2017] FCA 736

The interlocutory applications were dismissed because the restraint sought required an undertaking as to damages which Ms Simjanovska was not prepared to give, the originating application lacked reasonable prospects of success, the Personal Property Securities Act 2009 (Cth) points were not shown to have merit, and the balance of convenience did not favour relief because Storage King Rockdale had provided opportunities to remove the possessions and undertook not to auction them before 5 pm on 24 May 2017. A limited suppression order was made for Mr Henderson's address and phone number because suppression was in the interests of the administration of justice given the respondent's...

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Interlocutory Applications in Federal Court Proceeding / Reasons for Orders Dismissing Interlocutory Applications and Granting Limited Suppression Order
Outcome
The address and phone number of Mr Graham Henderson were suppressed for 12 months or until further order; the interlocutory application lodged on 12 May 2017 was otherwise dismissed; the applicant was ordered to pay the respondents' costs of that application as agreed or taxed; and the interlocutory application...
Legal Topics
['interlocutory Injunction' 'freezing Order' 'undertaking as to Damages' 'reasonable Prospects of Success' 'balance of Convenience' 'suppression Order' 'self Storage Agreement' 'personal Property Securities Act 2009 (cth) S 130']
['civil Procedure' 'administrative and Constitutional Law and Human Rights' 'personal Property Securities'] ['interlocutory Injunction' 'freezing Order' 'undertaking as to Damages' 'reasonable Prospects of Success' 'balance of Convenience' 'suppression Order' 'self Storage Agreement' 'personal Property Securities Act 2009 (cth) S 130']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications in Federal Court Proceeding / Reasons for Orders Dismissing Interlocutory Applications and Granting Limited Suppression Order

Legal Issues

  1. 1 ['Whether the Court should restrain the respondents from auctioning, disposing of, accessing or interfering with possessions stored in designated storage spaces.' 'Whether the interlocutory relief sought should be supported by an undertaking as to damages.' 'Whether the originating application had any reasonable prospect of success sufficient to support interlocutory relief.' 'Whether the balance of convenience favoured interlocutory restraint where the respondents had afforded access to remove the possessions.' "Whether Mr Graham Henderson's address and phone number should be suppressed on the Court file."]

Ratio Decidendi

The interlocutory applications were dismissed because the restraint sought required an undertaking as to damages which Ms Simjanovska was not prepared to give, the originating application lacked reasonable prospects of success, the Personal Property Securities Act 2009 (Cth) points were not shown to have merit, and the balance of convenience did not favour relief because Storage King Rockdale had provided opportunities to remove the possessions and undertook not to auction them before 5 pm on 24 May 2017. A limited suppression order was made for Mr Henderson's address and phone number because suppression was in the interests of the administration of justice given the respondent's...

Court Disposition

The address and phone number of Mr Graham Henderson were suppressed for 12 months or until further order; the interlocutory application lodged on 12 May 2017 was otherwise dismissed; the applicant was ordered to pay the respondents' costs of that application as agreed or taxed; and the interlocutory application...

Orders

  • ['Pursuant to s 37AF of the Federal Court Act 1976 (Cth), the address and phone number of Mr Graham Henderson be suppressed for a period of 12 months or until further order, on the basis that it is necessary to prevent prejudice to the proper administration of justice.' 'The interlocutory application lodged on 12...