NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Masters in Building Training Pty Ltd v State of New South Wales [2021] NSWSC 454 Hearing dates: 9 and 12 April 2021 Date of orders: 12 April 2021 Decision date: 30 April 2021 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Injunction granted Catchwords: EQUITY – Equitable remedies – Injunction – Mandatory – Government contract to fund plaintiff's training of apprentices purportedly terminated with only 3 months to run – Whether interlocutory mandatory inunction should be granted – No issue of principle Legislation Cited: National Vocational Education and Training Regulator Act 2011 (Cth) Cases Cited: BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Co-operative Insurance Society Ltd v Argyle Stores (Holdings) Ltd [1998] 1 AC 1 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies (5th ed, LexisNexis, 2014) Category: Procedural rulings Parties: Masters in Building Training Pty Limited ACN 161 368 029 (Plaintiff) State of New South Wales (Defendant) Representation: Counsel:
C O'Neill (Plaintiff) N Simpson (Defendant)
Solicitors:
VTS Lawyers (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2021/90347 Publication restriction: No
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