May v Walker [2023] NSWSC 1628

May v Walker [2023] NSWSC 1628

The balance of convenience favours discharging the interlocutory injunctions with effect from 29 January 2024, due to the weak strength of the plaintiffs' case, the defendant's hardship and rights as proprietor, and adequacy of damages as a remedy.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Interlocutory Application / Discharge of Interlocutory Injunctions
Outcome
Interlocutory injunctions discharged with effect from 29 January 2024; proceedings stood over for expedition application; undertakings noted; Liberty to apply; Costs reserved.
Legal Topics
['interlocutory Injunctions' 'lease Disputes' 'estoppel' 'australian Consumer Law' 'quantum Meruit']
['equity' 'real Property' 'civil Procedure'] ['interlocutory Injunctions' 'lease Disputes' 'estoppel' 'australian Consumer Law' 'quantum Meruit']

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Procedural Posture

Interlocutory Application / Discharge of Interlocutory Injunctions

Legal Issues

  1. 1 ['Should interlocutory injunctions restraining the defendant from excluding the plaintiffs from possession be continued or discharged?' 'Is there a serious question to be tried regarding the existence and enforcement of a lease or estoppel?' 'Does the balance of convenience favour continuing or discharging the injunctions?']

Ratio Decidendi

The balance of convenience favours discharging the interlocutory injunctions with effect from 29 January 2024, due to the weak strength of the plaintiffs' case, the defendant's hardship and rights as proprietor, and adequacy of damages as a remedy.

Court Disposition

Interlocutory injunctions discharged with effect from 29 January 2024; proceedings stood over for expedition application; undertakings noted; Liberty to apply; Costs reserved.

Orders

  • ['Orders 8, 9, 12 and 13 of the orders made on 17 August 2023 be discharged with effect on and from 29 January 2024.' 'Stand the proceedings over for consideration of any application for an expedited final hearing in the Expedition List before the Expedition Judge at 10am on 2 February 2024.' 'Notes that these...