Bolitho v Permanent Custodians Ltd [2009] NSWSC 580

Bolitho v Permanent Custodians Ltd [2009] NSWSC 580

Damages are an adequate remedy and the balance of convenience favours allowing the settlement to proceed, especially as the plaintiff made no offer to pay into court the debt, and purchasers were bona fide without notice. Thus, no interlocutory injunction will be granted.

Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Application for Interlocutory Injunction / Ex Tempore Judgment on Notice of Motion
Outcome
Application dismissed
Legal Topics
['injunctions' 'mortgagee Sale of Land' 'bona Fide Purchaser' 'adequacy of Damages' 'balance of Convenience']
['equity' 'property Law' 'civil Procedure'] ['injunctions' 'mortgagee Sale of Land' 'bona Fide Purchaser' 'adequacy of Damages' 'balance of Convenience']

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Procedural Posture

Application for Interlocutory Injunction / Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted restraining the registration of a transfer of title after mortgagee sale' 'Whether the sale was at a significant undervalue and tainted by fraud or collusion' 'Whether damages are an adequate remedy and balance of convenience favours the applicant']

Ratio Decidendi

Damages are an adequate remedy and the balance of convenience favours allowing the settlement to proceed, especially as the plaintiff made no offer to pay into court the debt, and purchasers were bona fide without notice. Thus, no interlocutory injunction will be granted.

Court Disposition

Application dismissed

Orders

  • ['Notice of motion dismissed' 'Summons dismissed']