NSW Caselaw
New South Wales Supreme Court
CITATION : McCleary v Bullabidgee [2008] NSWSC 534
HEARING DATE(S) : 2 May 2008 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 2 May 2008
DECISION : Application for interlocutory injunction declined.
CATCHWORDS : INJUNCTIONS – Interlocutory injunction – where plaintiff propounds proprietary claim to proceeds of crop – where defendant has arguable cross-claim for compensation under the Agricultural Tenancies Act – balance of convenience
LEGISLATION CITED : (NSW) Agricultural Tenancies Act 1990 (NSW) Conveyancing Act 1919, s 55(2A)
CATEGORY : Procedural and other rulings
Brian John McCleary (first plaintiff) Peter Joseph Rae (second plaintiff) Bullabidgee Pty Ltd (first defendant) PARTIES : Towool P/L, Towool West P/L, Towool Water P/L (second defendants) Warrawool P/L, Warrawool North P/L, Warrawool Water P/L (third defendants) MHD Echuca Pty Ltd (fourth defendant) Ian Tayles (fifth defendant) Ricegrowers Ltd (sixth defendant)
FILE NUMBER(S) : SC 2244/08; 1813/08
Mr S Galitsky (plaintiffs) COUNSEL : Mr A Justice (first - fifth defendants) Mr W Davies (sol) (sixth defendant)
Francis Kelly & Grant (plaintiffs) SOLICITORS : McDermott & Associates (first - fifth defendants) Dibbs Abbott Stillman (sixth defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EXPEDITION LIST
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