Vameen Pty Ltd v Yamma Pty Ltd [2006] NSWSC 590
There is a serious question to be tried as to whether a term was implied into the lease concerning the reversion of poker machine entitlements, and damages would not be an adequate remedy; therefore, an interlocutory injunction restraining sale should be granted and the matter expedited.
- Jurisdiction
- Australia
- Judgment Date
- 15 May 2006
- Procedural Posture
- Interlocutory Application / Application for Interlocutory Injunction
- Outcome
- Interlocutory injunction granted
- Legal Topics
- ['poker Machine Entitlements' 'implied Terms in Leases' 'resulting Trusts' 'interlocutory Injunctions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Legal Issues
- 1 ['Whether there is a serious question to be tried regarding the implication of a term in the lease about the reversion of poker machine entitlements to the lessor at the end of the lease' 'Whether a resulting trust arises in favour of the lessor' 'Whether interlocutory injunctive relief should be granted to restrain sale of poker machine entitlements']
Ratio Decidendi
There is a serious question to be tried as to whether a term was implied into the lease concerning the reversion of poker machine entitlements, and damages would not be an adequate remedy; therefore, an interlocutory injunction restraining sale should be granted and the matter expedited.
Court Disposition
Interlocutory injunction granted
Orders
- ['Defendant restrained from selling three poker machine entitlements until further order' 'Matter sent to Expedition List']
Full Case Text
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