Steven Murabito & Ors v Ageist Pty Ltd [2021] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: Steven Murabito & Ors v Ageist Pty Ltd [2021] NSWSC 1102 Hearing dates: 24 August 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction: Equity - Duty List Before: Rein J Decision: See [17] and [19] Catchwords: EQUITY — Equitable remedies — Injunctions — Application to injunct the settlement of the sale of a property — Several prior caveats lodged, and claims made by, the Plaintiffs and related parties on and in respect of the property — The Court, on several prior occasions, ordered that all caveats lodged by the Plaintiffs (and another related party) be removed — The Court previously ordered that no further caveats were to be lodged on the property by several of the Plaintiffs and a related party — The evidence in support of the application did not meet the standard required for the grant of interlocutory relief — Other grounds for refusing interlocutory relief considered — Held: interlocutory relief refused Legislation Cited: Civil Procedure Act 2005 (NSW) National Credit Code (Cth) Cases Cited: Ageist Pty Ltd v Lilly (Lila) Stojcevski [2021] NSWSC 1105 Ageist Pty Ltd v Samuel M Holdings Pty Ltd (Receiver and Manager Appointed) [2021] NSWSC 988 Ageist Pty Ltd v Stojcevska (Supreme Court (NSW), Darke J, 19 July 2021, unrep) Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Capgemini US v Case [2004] NSWSC 674 Goater v Commonwealth Bank of Australia [2014] NSWCA 265 Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 The Trust Company (PTAL) Ltd v Samuel M Holdings Pty Ltd [2020] NSWSC 863 Winau Australia Pty Ltd v LCC Property Development Pty Ltd [2021] NSWSC 612 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th ed, 2014, LexisNexis) Category: Principal judgment Parties: Steven Murabito (First Plaintiff) Lila Stojcevski (Second Plaintiff) Bosilka Stojcevska (Third Plaintiff) Ageist Pty Ltd (Defendant) Representation: Counsel: H Stowe (First and Second Plaintiffs) A G Martin (Defendant)