Hoho Property Pty Ltd v Bass Finance No 37 & Ors [2021] NSWSC 1289

Supreme Court New South Wales

Medium Neutral Citation: Hoho Property Pty Ltd v Bass Finance No 37 & Ors [2021] NSWSC 1289 Hearing dates: 8 October 2021 Date of orders: 11 October 2021 Decision date: 11 October 2021 Jurisdiction: Equity - Commercial List Before: Williams J Decision: See orders at [44]. Catchwords: EQUITY – interim injunction – where existing undertaking and consent orders establish a regime for sale of secured property by plaintiff mortgagors with consent of defendant mortgagee, such consent not be unreasonably withheld - whether defendant unreasonably withheld consent to sale on terms negotiated by plaintiffs with proposed purchaser – whether interim injunction now sought would preserve the status quo – whether the balance of convenience favours the granting of an interim injunction Legislation Cited: Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth), s 420A Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity Doctrines & Remedies (5th ed, 2015) Category: Procedural rulings Parties: Hoho Property Pty Ltd (ACN 635 904 175)M (First Plaintiff) Hoho Top Foods Pty Ltd (Second Plaintiff) Thu Duong Ly (Third Plaintiff) Trung Hieu Ho (Fourth Plaintiff) Bass Finance No 37 Pty Ltd (ACN 642 793 048) (First Defendant) Premier Finance Australia Pty Ltd (ACN 083 866 782) (Second Defendant) Representation: Counsel: T Alexis SC / P Afshar (Plaintiffs) R Newlinds SC / T Rogan (First Defendant) N Venegas (solicitor) (Second Defendant)