Montresor v Astra Prestige Vehicle Service and Detailing Pty Ltd and Anor [2004] NSWIRComm 312

Montresor v Astra Prestige Vehicle Service and Detailing Pty Ltd and Anor [2004] NSWIRComm 312

Applicant established a sufficiently arguable case and demonstrated a real risk that his tools and belongings would be disposed of to his substantial detriment, and that the balance of convenience favored granting an asset preservation order against the first respondent in the absence of an undertaking, with the matter to be reconsidered at a later hearing inter partes.

Jurisdiction
Australia
Judgment Date
20 October 2004
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory (notice of Motion for Interim Orders)
Outcome
Interlocutory order granted against first respondent; hearing adjourned for inter partes consideration.
Legal Topics
['unfair Contract' 'asset Preservation Order' 'interlocutory Relief']
['industrial Relations'] ['unfair Contract' 'asset Preservation Order' 'interlocutory Relief']

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory (notice of Motion for Interim Orders)

Legal Issues

  1. 1 ['Whether an interlocutory order should be made restraining the first and second respondents from disposing of or removing tools and personal belongings allegedly owned by the applicant from the workshop']

Ratio Decidendi

Applicant established a sufficiently arguable case and demonstrated a real risk that his tools and belongings would be disposed of to his substantial detriment, and that the balance of convenience favored granting an asset preservation order against the first respondent in the absence of an undertaking, with the matter to be reconsidered at a later hearing inter partes.

Court Disposition

Interlocutory order granted against first respondent; hearing adjourned for inter partes consideration.

Orders

  • ["First respondent restrained from disposing of or removing from Unit 5, 221 O'Riordan Street, Mascot NSW 2020 the items identified in Annexure 'C' to the applicant's affidavit marked Exhibit 'A'." 'Order applies until 4.00 pm on 12 November 2004 or until further order.' 'Application relisted for hearing inter...