Water Wine & Juice v Konstantopoulos [2009] NSWSC 1475

Water Wine & Juice v Konstantopoulos [2009] NSWSC 1475

The plaintiff established a serious question to be tried as to whether the alleged conduct constituted breaches of the lease clauses relied on in the notices of breach, and it was common ground that the balance of convenience favoured injunctive relief; with no discretionary reason to withhold relief, interlocutory relief should be granted on terms requiring payment of $1,001 if it had not already been paid.

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Equity; Landlord and Tenant; Lessee's Interlocutory Application for Injunctive Relief / Ex Tempore Interlocutory Judgment
Outcome
Interlocutory injunctive relief granted on terms.
Legal Topics
['interlocutory Injunction' 'lease Renewal Option' 'right of Re Entry' 'notice of Breach of Covenant' 'conveyancing Act 1919 S 129' 'breach of Lease' 'balance of Convenience']
['equity' 'landlord and Tenant'] ['interlocutory Injunction' 'lease Renewal Option' 'right of Re Entry' 'notice of Breach of Covenant' 'conveyancing Act 1919 S 129' 'breach of Lease' 'balance of Convenience']

Case Brief

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Procedural Posture

Equity; Landlord and Tenant; Lessee's Interlocutory Application for Injunctive Relief / Ex Tempore Interlocutory Judgment

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the plaintiff validly exercised the option for renewal of the lease.' 'Whether there was a serious question to be tried as to whether the plaintiff breached clauses 6.1 or 6.3 of the lease in the manner alleged in the notices of breach.' 'Whether the balance of convenience and discretionary considerations supported interlocutory injunctive relief.']

Ratio Decidendi

The plaintiff established a serious question to be tried as to whether the alleged conduct constituted breaches of the lease clauses relied on in the notices of breach, and it was common ground that the balance of convenience favoured injunctive relief; with no discretionary reason to withhold relief, interlocutory relief should be granted on terms requiring payment of $1,001 if it had not already been paid.

Court Disposition

Interlocutory injunctive relief granted on terms.

Orders

  • ["The plaintiff's claim for interlocutory relief was made out." 'If the sum of $1,001 had not been paid, it was to be paid within a very short period of time.' "The matter was stood down to 2 o'clock for the parties to bring in short minutes of order to give effect to the reasons, including a program for pleadings...