Owston Nominees No. 2 Pty Ltd & Anor v Branir Pty Ltd & Ors [1995] FCA 951

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 3184 of 1995 GENERAL DIVISION ) Between: OWSTON NOMINEES NO. 2 PTY LTD First Applicant WARREN PERRY ANDERSON Second Applicant And: BRANIR PTY LTD First Respondent TOVEHEAD PTY LTD Second Respondent ABURIZAL BAKRIE Third Respondent REASONS FOR JUDGMENT EINFELD J SYDNEY 31 JULY 1995 It is desirable that judgment be given this matter, even though it is late in the evening and in the ordinary course it would have been preferable to reserve judgment. However, for various reasons, that will not result in anything better being available in the short term than what I can say now. What I therefore intend to do is to give reasonably brief reasons for the decision to which I have come and, if necessary, expand on them at a later time. The applicants come before the Court to obtain substantive and interlocutory relief against the respondents in respect of some properties in the Northern Territory of which the respondents have become the owners over a period which commenced in November 1989 and appears to have concluded some time in 1993. On 21 April 1995 the applicants moved the Court ex parte for, and obtained, injunctive relief in respect of what was alleged to be a lease proposed to be granted to a Hong Kong company (Aman) over the homestead (the Tipperary homestead) which exists on one of the properties concerned (the Tipperary property). At the same time an injunction was also granted against the sale of or other dealings with a number of items of plant or equipment which operated in or in relation to the Tipperary property including certain aircraft. Both those injunctions were continued by consent on different occasions right up to today when it was agreed on behalf of the applicants that the injunction with regard to the plant and equipment should be discharged, and this has already been done. I should record that the proceedings were apparently not served on the third respondent, a citizen of Indonesia, and he has taken no specific part in the proceedings, although he appears to be the person in control of the two respondent companies. The applicants seek a continuation of the injunction restraining the sale or lease of the Tipperary homestead to Aman. The matters which fall for determination now are whether, in the usual way applicable to interlocutory injunctions, there is a substantial issue to be tried in the proceedings, and, if so, whether the balance of convenience favours the granting or withholding of the injunction.