Qasim v PF 473 Pty Ltd [2024] NSWCA 242

Qasim v PF 473 Pty Ltd [2024] NSWCA 242

The injunction was extended only until Tuesday 15 October 2024 to allow for the stay application to be determined next Monday, as the balance of convenience did not favour a longer extension. The Court accepted that it was possible for new solicitors to be prepared in time under the circumstances and that further...

Source-derived case information.

Parties
Appellant: Shaheen Qasim; Respondent: PF 473 Pty Ltd
Jurisdiction
Australia
Judgment Date
09 October 2024
Procedural Posture
Appeal / Interlocutory Application for Injunction Pending Stay Application
Outcome
Interlocutory injunction extended to 15 October 2024; stay application listed for hearing on 14 October 2024; costs in the cause.
Legal Topics
Interlocutory Injunction, Stay Pending Appeal, Possession of Land
Civil Procedure Interlocutory Injunction Stay Pending Appeal Possession of Land

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Parties

Shaheen Qasim

Appellant

PF 473 Pty Ltd

Respondent

Procedural Posture

Appeal / Interlocutory Application for Injunction Pending Stay Application

Legal Issues

  1. 1 Whether to extend interlocutory injunction restraining respondent from taking possession
  2. 2 Balance of convenience regarding short-term extension
  3. 3 Timing and readiness for stay application

Ratio Decidendi

The injunction was extended only until Tuesday 15 October 2024 to allow for the stay application to be determined next Monday, as the balance of convenience did not favour a longer extension. The Court accepted that it was possible for new solicitors to be prepared in time under the circumstances and that further delay would prejudice the respondent.

Court Disposition

Interlocutory injunction extended to 15 October 2024; stay application listed for hearing on 14 October 2024; costs in the cause.

Orders

  • Upon Shaheen Qasim giving the usual undertaking as to damages, PF 473 Pty Ltd is restrained from taking any further steps to take possession of the properties at 3/5 and 4/5 William Street Randwick NSW until 4pm on Tuesday 15 October 2024.
  • The appellant's application for a stay is listed for hearing on Monday 14 October 2024 before the referrals judge; listing on 21 October 2024 vacated.