Masters in Building Training Pty Limited v State of New South Wales (No 2) [2021] NSWSC 747

Supreme Court New South Wales

Medium Neutral Citation: Masters in Building Training Pty Limited v State of New South Wales (No 2) [2021] NSWSC 747 Hearing dates: 21, 22 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Equity Before: Parker J Decision: See [84]-[88] Catchwords: CIVIL PROCEDURE – interlocutory application – contract for provision of government subsidy for vocational education and training – government purported to terminate provider's contract – prior mandatory interlocutory injunction ordering the government to continue to perform the contract – government then sought to exercise contractual power to withhold subsidy payments – provider seeks further order restraining the government from doing so – whether in substance an application for summary judgment – Brimaud v Honeysett Instant Print – prima facie case – unclean hands – balance of convenience Cases Cited: Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd (2019) 101 NSWLR 679 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Category: Procedural rulings Parties: Masters in Building Training Pty Limited (Plaintiff/Applicant) State of New South Wales (Defendant/Respondent) Representation: Counsel: CP O'Neill (Plaintiff/Applicant N Simpson (Defendant/Respondent)

Solicitors: VTS Lawyers Pty Ltd (Plaintiff/Applicant) Sparke Helmore Lawyers (Defendant/Respondent) File Number(s): 2021/90347 Publication restriction: Nil