NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Avwin Pty Ltd v PT Limited [2024] NSWSC 436 Hearing dates: 19 April 2024 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: (1) The injunction granted on 10 April 2024 and varied on 16 April 2024 is discharged. (2) The plaintiff is to pay the defendant's costs of, and incidental to, the application to discharge the injunction. Those costs include the costs of today. (3) Costs are otherwise reserved. Catchwords: EQUITY – Injunctions - Where parties seek an urgent final hearing of whether the plaintiff is in lawful possession of premises as a tenant – Where the plaintiff has an injunction restraining the defendant landlord from entering the premises – Where the plaintiff no longer contends that it has any right to occupy the premises other than by way of a monthly holding over and the monthly holding over will not extend beyond 15 May 2024 – Where the landlord has entered into a registered lease with an alternate tenant which is to commence on 1 May 2024 – Where the final hearing will therefore only relevantly determine whether a maximum period of two weeks' occupation is lawful – HELD balance of convenience does not favour continuation of the injunction and it is discharged – HELD an urgent hearing on a final basis is not needed Category: Procedural rulings Parties: Avwin Pty Ltd ACN 609 932 176 (Plaintiff/Second Cross-Defendant) P.T. Limited ACN 004 454 666 (First Defendant/First Cross-Defendant) Zilver Chatswood Restaurant Holding Pty Ltd ACN 604 184 8858 (Second Defendant/Cross-Claimant) Representation: Counsel: DK Smith (Plaintiff/Second Cross-Defendant) G Farland (First Defendant/First Cross-Defendant) PT Russell (Second Defendant/Cross-Claimant) Solicitors: Bruce & Stewart Layers (Plaintiff/Second Cross-Defendant) Holding Redlich (First Defendant/First Cross-Defendant) Maxim Legal Pty Ltd (Second Defendant/Cross-Claimant) File Number(s): 2024/00109195 Publication restriction: Nil
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