In the matter of A Twins Spare Parts Pty Ltd [2019] NSWSC 1347

In the matter of A Twins Spare Parts Pty Ltd [2019] NSWSC 1347

Interlocutory mandatory injunction was appropriate as plaintiff showed a prima facie case for the existence of a loan arrangement and the balance of convenience favoured maintaining weekly payments, secured by an irrevocable authority over expected proceeds; no higher test applied for a mandatory injunction.

Jurisdiction
Australia
Judgment Date
04 October 2019
Procedural Posture
Application for Interlocutory Injunction in Oppression Proceedings / Interlocutory (application for Mandatory Interlocutory Injunction)
Outcome
Interlocutory injunction granted
Legal Topics
['interlocutory Injunctions' 'corporate Oppression' 'mandatory Injunctions' 'family Business Disputes']
['equity' 'corporations Law' 'civil Procedure'] ['interlocutory Injunctions' 'corporate Oppression' 'mandatory Injunctions' 'family Business Disputes']

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Procedural Posture

Application for Interlocutory Injunction in Oppression Proceedings / Interlocutory (application for Mandatory Interlocutory Injunction)

Legal Issues

  1. 1 ['Whether interlocutory mandatory injunction should be granted requiring company to continue weekly loan payments to plaintiff pending determination of oppression suit']

Ratio Decidendi

Interlocutory mandatory injunction was appropriate as plaintiff showed a prima facie case for the existence of a loan arrangement and the balance of convenience favoured maintaining weekly payments, secured by an irrevocable authority over expected proceeds; no higher test applied for a mandatory injunction.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Order the first defendant to pay the plaintiff $1,200 per week into a bank account nominated by the plaintiff until repayment in accordance with the Irrevocable Authority or further order.' 'Dismiss the balance of the Amended Interlocutory Process filed on 3 October 2019.' 'Costs of Prayer 3 of the Amended...