Chahrouk & Anor v Sydney Markets Ltd [2008] NSWSC 1215

Chahrouk & Anor v Sydney Markets Ltd [2008] NSWSC 1215

There was sufficient conflicting affidavit evidence to raise a serious question to be tried as to whether Mr Chahrouk's conduct on 20 October 2008 fell within clause 6.2(d) of the Occupancy Agreement. The balance of convenience favoured interim relief because Mr Chahrouk needed access to conduct the business, had an unchallenged long history at the Markets without prior violence complaints, there was no evidentiary support for a continuing threat, and he offered an undertaking to be of good behaviour.

Jurisdiction
Australia
Judgment Date
17 November 2008
Procedural Posture
Application for Interlocutory Injunction / Interim Relief in Respect of Substituted Banning Notice Pending Determination of Proceedings
Outcome
Interlocutory injunction granted.
Legal Topics
['interlocutory Injunction' 'serious Question to Be Tried' 'balance of Convenience' 'occupancy Agreement' 'refusal of Entry to Markets']
['equity' 'contract Law' 'injunctions'] ['interlocutory Injunction' 'serious Question to Be Tried' 'balance of Convenience' 'occupancy Agreement' 'refusal of Entry to Markets']

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Procedural Posture

Application for Interlocutory Injunction / Interim Relief in Respect of Substituted Banning Notice Pending Determination of Proceedings

Legal Issues

  1. 1 ['Whether there was a serious question to be tried as to whether Mr Chahrouk did anything on 20 October 2008 falling within clause 6.2(d) of the Occupancy Agreement.' 'Whether the balance of convenience favoured granting interim relief restraining the effect of the substituted banning notice.']

Ratio Decidendi

There was sufficient conflicting affidavit evidence to raise a serious question to be tried as to whether Mr Chahrouk's conduct on 20 October 2008 fell within clause 6.2(d) of the Occupancy Agreement. The balance of convenience favoured interim relief because Mr Chahrouk needed access to conduct the business, had an unchallenged long history at the Markets without prior violence complaints, there was no evidentiary support for a continuing threat, and he offered an undertaking to be of good behaviour.

Court Disposition

Interlocutory injunction granted.

Orders

  • ['The Court accepted the undertaking proffered by Mr Chahrouk in the terms of the initialled document placed with the papers.' 'Orders made in accordance with the Short Minutes of Order.']