Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 290

Maxiwealth Holdings Pty Ltd v The Mill Goulburn Pty Ltd [2018] NSWSC 290

There was insufficient evidence of a material change in circumstances or new material to warrant the variation of the interlocutory order. The Builder's claim was known at the time of the original order, and no formal steps have been taken to enforce the claim. The application to vary the order is therefore dismissed.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Application to Vary Interlocutory Order / Interlocutory
Outcome
application dismissed
Legal Topics
['interlocutory Injunctions' 'variation of Orders' 'balance of Convenience']
['civil Procedure' 'equity'] ['interlocutory Injunctions' 'variation of Orders' 'balance of Convenience']

Case Brief

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Procedural Posture

Application to Vary Interlocutory Order / Interlocutory

Legal Issues

  1. 1 ['Whether there is a sufficient basis to vary the interlocutory order' 'Whether circumstances have sufficiently changed to warrant variation']

Ratio Decidendi

There was insufficient evidence of a material change in circumstances or new material to warrant the variation of the interlocutory order. The Builder's claim was known at the time of the original order, and no formal steps have been taken to enforce the claim. The application to vary the order is therefore dismissed.

Court Disposition

application dismissed

Orders

  • ['The application to vary interlocutory order is dismissed.' 'The applicants are to pay the costs of the application.']