John Lawrence Meyers v John Frederick Lord & Anor [2006] NSWSC 1451

John Lawrence Meyers v John Frederick Lord & Anor [2006] NSWSC 1451

There is a dispute regarding the legal fees claimed by the first defendant, and under relevant legal principles, interlocutory injunctive relief restraining the power of sale cannot be granted without payment into Court of the amount claimed to be secured; damages are an adequate remedy, and the balance of convenience does not favour the injunction.

Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Equity Corporations List / Application for Interlocutory Injunction
Outcome
Application for interlocutory injunction refused
Legal Topics
['mortgages and Charges' 'power of Sale' 'injunctions' 'deed of Company Arrangement' 'liquidation']
['corporations' 'insolvency' 'equity'] ['mortgages and Charges' 'power of Sale' 'injunctions' 'deed of Company Arrangement' 'liquidation']

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Procedural Posture

Equity Corporations List / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether first defendant is entitled to exercise power of sale over business and assets pursuant to charge' 'Whether claim admitted by first defendant as administrator is secured by charge' 'Whether payment into Court is a precondition for injunctive relief' 'Whether damages are an adequate remedy' 'Balance of convenience in granting injunction']

Ratio Decidendi

There is a dispute regarding the legal fees claimed by the first defendant, and under relevant legal principles, interlocutory injunctive relief restraining the power of sale cannot be granted without payment into Court of the amount claimed to be secured; damages are an adequate remedy, and the balance of convenience does not favour the injunction.

Court Disposition

Application for interlocutory injunction refused

Orders

  • ["Costs of interlocutory process to be defendants' costs in proceedings" 'Plaintiff to file and serve statement of claim by 12 January 2007' 'First defendant and (if second defendant defends) second defendant to file and serve defence by 25 January 2007' 'Originating process stood over to 29 January 2007 before...