Standards Australia Ltd v Record Funds Management Ltd [2008] NSWSC 559

Standards Australia Ltd v Record Funds Management Ltd [2008] NSWSC 559

The plaintiff established serious questions to be tried as to its entitlement to the use of all six lifts and as to the reasonableness of the first defendant’s actions; the balance of convenience favours maintaining the status quo and granting an interlocutory injunction to preserve the plaintiff’s rights until trial, as any prejudice to the defendants can be addressed by damages and security is not unduly compromised.

Jurisdiction
Australia
Judgment Date
28 May 2008
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction Prior to Trial
Outcome
Interlocutory injunction granted.
Legal Topics
['equitable Remedies' 'injunctions' 'interlocutory Injunctions' 'balance of Convenience']
['equity'] ['equitable Remedies' 'injunctions' 'interlocutory Injunctions' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction Prior to Trial

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to continued use of all six passenger lifts under its lease' 'Whether the first defendant can alter access to the lifts under the lease provisions' 'Whether the first defendant must establish reasonableness in altering the access arrangements' 'Whether an interlocutory injunction should be granted based on the balance of convenience']

Ratio Decidendi

The plaintiff established serious questions to be tried as to its entitlement to the use of all six lifts and as to the reasonableness of the first defendant’s actions; the balance of convenience favours maintaining the status quo and granting an interlocutory injunction to preserve the plaintiff’s rights until trial, as any prejudice to the defendants can be addressed by damages and security is not unduly compromised.

Court Disposition

Interlocutory injunction granted.

Orders

  • ['Interlocutory injunction granted in favour of the plaintiff, preserving the current ground floor security barrier position.' 'Leave reserved to the second defendant to apply to vary the injunction on notice.' 'Plaintiff to provide the usual undertaking as to damages.' 'Plaintiff’s costs in the proceedings.'...