Bradley v Ashton [1999] NSWSC 782

Bradley v Ashton [1999] NSWSC 782

Injunction is denied as plaintiffs are in breach of their undertaking and do not come to equity with clean hands; neither estoppel nor res judicata prevent the application of statutory provisions such as those in the Farm Debt Mediation Act 1994.

Jurisdiction
Australia
Judgment Date
22 July 1999
Procedural Posture
Equity / Final Hearing (noting Interlocutory Nature)
Outcome
Injunction denied. Suit stood over to Registrar for further hearing.
Legal Topics
['injunctions' 'estoppel in Face of Statute' 'farm Debt Mediation' 'termination of Tenancy' 'declarations']
['equity' 'estoppel' 'procedure' 'landlord & Tenant'] ['injunctions' 'estoppel in Face of Statute' 'farm Debt Mediation' 'termination of Tenancy' 'declarations']

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Procedural Posture

Equity / Final Hearing (noting Interlocutory Nature)

Legal Issues

  1. 1 ['Whether estoppel or res judicata can prevent court applying the Farm Debt Mediation Act 1994' 'Whether the plaintiffs are entitled to injunction or declaration given breach of undertaking' 'Whether agreement in short minutes constitutes avoidance of the Act under s 20']

Ratio Decidendi

Injunction is denied as plaintiffs are in breach of their undertaking and do not come to equity with clean hands; neither estoppel nor res judicata prevent the application of statutory provisions such as those in the Farm Debt Mediation Act 1994.

Court Disposition

Injunction denied. Suit stood over to Registrar for further hearing.

Orders

  • ['Injunction denied' 'Matter stood over to Friday 30 July before Registrar at 9.30 am' 'Costs reserved']