Kazi v Alom & Ors [2023] NSWSC 1321

Kazi v Alom & Ors [2023] NSWSC 1321

The plaintiff, seeking a money claim under a loan agreement and security over four specified lots, failed to establish that granting an interlocutory injunction to restrain dealings over the whole property is justified on the balance of convenience or discretionary grounds. The defendants' undertakings to pay sale proceeds into Court and provide progress reports sufficiently protect the plaintiff's interests, and damages would be an adequate remedy.

Jurisdiction
Australia
Judgment Date
27 October 2023
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application—determination of Notice of Motion
Outcome
Application for interlocutory injunction refused; undertakings noted; costs of the interlocutory application to be defendants' costs in the cause; proceedings to continue.
Legal Topics
['interlocutory Injunctions' 'equitable Remedies' 'balance of Convenience' 'loan Agreements' 'undertakings to Court']
['equity'] ['interlocutory Injunctions' 'equitable Remedies' 'balance of Convenience' 'loan Agreements' 'undertakings to Court']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application—determination of Notice of Motion

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain defendants from dealing with the property pending determination of the proceedings' 'Whether the balance of convenience and discretionary factors favour the grant of an interlocutory injunction']

Ratio Decidendi

The plaintiff, seeking a money claim under a loan agreement and security over four specified lots, failed to establish that granting an interlocutory injunction to restrain dealings over the whole property is justified on the balance of convenience or discretionary grounds. The defendants' undertakings to pay sale proceeds into Court and provide progress reports sufficiently protect the plaintiff's interests, and damages would be an adequate remedy.

Court Disposition

Application for interlocutory injunction refused; undertakings noted; costs of the interlocutory application to be defendants' costs in the cause; proceedings to continue.

Orders

  • ['Grant leave to the defendants to file the affidavit of Md Zahangir Alom sworn 26 October 2023.' "On the plaintiff's undertaking as to damages, all three defendants undertake to pay into Court the proceeds of sale (up to the amount claimed) of the specified lots, to hold deposits in trust pending settlement, and to...