Rolico Pty Ltd v Quen Jen Fu [2005] NSWSC 683

Rolico Pty Ltd v Quen Jen Fu [2005] NSWSC 683

The injunction and caveat extension were refused because the plaintiff's evidence that the defendant entered into the alleged option agreement was very weak, there was no immediate threat of sale, the application was made at the last minute despite prior notice, and the plaintiff's undertaking as to damages was not shown to be adequate given its nominal paid up capital and lack of financial evidence.

Jurisdiction
Australia
Judgment Date
01 July 2005
Procedural Posture
Application to Extend Caveat or for an Injunction / Duty Judge List Application
Outcome
Application refused; proceedings stood over.
Legal Topics
['extension of Caveat' 'interlocutory Injunction' 'option to Purchase Land' 'authenticity of Alleged Deed of Option' 'delay' 'undertaking as to Damages']
['practice and Procedure' 'property Law' 'equity'] ['extension of Caveat' 'interlocutory Injunction' 'option to Purchase Land' 'authenticity of Alleged Deed of Option' 'delay' 'undertaking as to Damages']

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Procedural Posture

Application to Extend Caveat or for an Injunction / Duty Judge List Application

Legal Issues

  1. 1 ["Whether the caveat over the defendant's property should be extended." 'Whether an injunction should be granted restraining the defendant from entering into a contract for sale or granting an option over the property.' 'Whether the plaintiff established a prima facie case that the defendant entered into the alleged option agreement.' "Whether the plaintiff's undertaking as to damages provided sufficient protection to the defendant."]

Ratio Decidendi

The injunction and caveat extension were refused because the plaintiff's evidence that the defendant entered into the alleged option agreement was very weak, there was no immediate threat of sale, the application was made at the last minute despite prior notice, and the plaintiff's undertaking as to damages was not shown to be adequate given its nominal paid up capital and lack of financial evidence.

Court Disposition

Application refused; proceedings stood over.

Orders

  • ['Decline to make the injunction sought.' 'Refuse the order in paragraph 1 of the summons.' "Proceedings stood over to the Registrar's list on Thursday 7 July." "Costs of today's application will be the defendant's costs in the proceedings." 'The exhibits may be returned after twenty-eight days.']