Avwin Pty Ltd v PT Limited and Ors [2024] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Avwin Pty Ltd v PT Limited and Ors [2024] NSWSC 551 Hearing dates: 2 May 2024 Date of orders: 2 May 2024 Decision date: 10 May 2024 Jurisdiction: Equity - Duty List Before: Pike J Decision: Plaintiff required to vacate the premises on the undertaking as to damages given by the defendants Catchwords: EQUITY – injunctions – urgent interlocutory relief – where plaintiff's previous injunction restraining defendant landlord from entering premises discharged – where plaintiff continued to conduct business on premises despite re-entry and re-possession by defendant landlord – where plaintiff no longer has entitlement to remain on premises Legislation Cited: Nil Cases Cited: Avwin Pty Ltd v PT Limited [2024] NSWSC 436 Texts Cited: Nil Category: Procedural rulings Parties: Avwin Pty Ltd (Plaintiff/Second Cross-Claimant) PT Limited (First Defendant/First Cross-Claimant) Zilver Chatswood Restaurant Holding Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel: D Smith (Plaintiff/Second Cross-Defendant) A Fernon SC (First Defendant/First Cross-Claimant) P Russell (Second Defendant/Cross-Claimant)

Solicitors: Bruce & Stewart Lawyers (Plaintiff/Second Cross-Defendant) Holding Redlich (First Defendant/First Cross-Defendant) Maxim Legal (Second Defendant/Cross-Claimant) File Number(s): 2024/109195 Publication restriction: Nil