Zangne Pty Ltd v Gregory Robert Cooper & 4 Ors [2007] NSWSC 173

Zangne Pty Ltd v Gregory Robert Cooper & 4 Ors [2007] NSWSC 173

There is a strong prima facie case that the application for approval of transfer of poker machine entitlements allocated in respect of the hotelier's licence is in breach of the negative covenant in the lease, supporting interlocutory relief.

Jurisdiction
Australia
Judgment Date
05 March 2007
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted and extended until final disposition or further order.
Legal Topics
['lease' 'interlocutory Injunction' 'gaming Machines' 'negative Covenant']
['property Law' 'contract Law'] ['lease' 'interlocutory Injunction' 'gaming Machines' 'negative Covenant']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether application by lessee for approval to transfer poker machine entitlements breaches the lease' 'Whether damages are an adequate remedy for the alleged breach' 'Whether balance of convenience favours granting interlocutory relief']

Ratio Decidendi

There is a strong prima facie case that the application for approval of transfer of poker machine entitlements allocated in respect of the hotelier's licence is in breach of the negative covenant in the lease, supporting interlocutory relief.

Court Disposition

Interlocutory injunction granted and extended until final disposition or further order.

Orders

  • ['Orders numbered 2 and 3 made on 23 February 2007 and extended on 2 March 2007 until 5 pm today be further extended until final disposition or further order.' "Costs of the application of 2 March 2007 will be the plaintiff's costs in the proceedings." 'Any party wishing to apply for expedition must file notice by 5...