NSW Caselaw
New South Wales Supreme Court
CITATION : Bovis Lend Lease Pty Limited v EMB Fire SystemsPty Limited [2000] NSWSC 683 FILE NUMBER(S) : SC 55006/00 HEARING DATE(S) : 3/3/2000 JUDGMENT DATE : 3 March 2000
PARTIES : Bovis Lend Lease Pty Limited (Plaintiff) EMB Fire Systems Pty Limited (Defendant) JUDGMENT OF : Einstein J
COUNSEL : F Corsaro (Plaintiff) G Sirtes (Defendant) SOLICITORS : Freehill Hollingdale & Page (Plaintiff) Cutler Hughes Harris (Defendant) CATCHWORDS : Application for interlocutory relief DECISION : I make order 2 in the notice of motion filed by Bovis Lend Lease Pty Limited and I initial and date that notice of motion.
THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION - CONSTRUCTION LIST
EINSTEIN J Friday 3 March 2000 Revised 13 July 2000
55006/00 BOVIS LEND LEASE PTY LIMITED v EMB FIRE SYSTEMS PTY LIMITED
JUDGMENT
1 HIS HONOUR: Bovis Lend Lease Pty Limited has obtained leave to file in court a summons and a notice of motion which have been made returnable this afternoon. In each case the defendant is EMB Fire Systems Pty Limited. At the same time EMB Fire Systems Pty Limited has been granted leave to file in court a summons joining Lend Lease Property Services Pty Limited as defendant. That summons has been made returnable instanter. 2 A full transcript has been taken of the submissions addressed by counsel, each asking for urgent interlocutory relief. The lateness of the hour makes it impossible for the Court to give very extensive reasons for judgment. I am satisfied, however, from the materials which have been read on affidavit, from hearing the evidence and cross-examination of Mr Radley who is a director of EMB Fire Systems Pty Limited and from the arguments, that the clear balance of convenience in this case requires that upon the plaintiff by its solicitor giving the usual undertaking as to damages, the order sought in para 2 of the notice of motion pursued by Bovis Lend Lease Pty Limited should be made and the orders sought on an urgent interim interlocutory basis in the summons propounded by EMB Fire Systems Pty Limited should not be made.
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