NACA Logistics Group Pty Ltd v Patrick Port Services Pty Ltd [2007] NSWSC 516

New South Wales Supreme Court

CITATION : NACA Logistics Group Pty Ltd v Patrick Port Services Pty Ltd [2007] NSWSC 516 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 04/05/07

JUDGMENT DATE : 4 May 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 4 May 2007

DECISION : 1. Upon the plaintiff by its counsel giving the usual undertakings as to damages, order that until 5pm on 7/5/07 the defendant by itself, its servants and agents be restrained from acting upon its asserted termination of the Container Freight Station Services Agreement between the parties dated 8/4/04;; 2. Upon the plaintiff by its counsel giving the usual undertakings as to damages, and also undertaking to the Court to pay the sum of $257, 392.33 or such other sum as the parties might agree upon in writing into court by 4pm on 7/5/07, order that up to 5pm on Wednesday 9/5/07 the defendant by itself, its servants and agents be restrained from relying upon any asserted lien in relation to goods held by it or on its behalf pursuant to the Container Freight Station Services Agreement between the parties dated 8/4/04, to secure any moneys alleged to be owing by the plaintiff to it.

CATCHWORDS : EQUITY – Equitable remedies – Injunctions – Interlocutory injunctions – Defendant and plaintiff parties to contract under which defendant provides container freight station services – Plaintiff purported to terminate contract on basis of material breaches – Defendant disputed plaintiff's entitlement to terminate, purported to accept termination as repudiation then purported to terminate contract – Claim to restrain defendant from acting upon its termination of the contract – Serious question to be tried as to whether plaintiff entitled to terminate contract or whether its conduct constituted a repudiation – Where termination would cause substantial damage to plaintiff – Balance of convenience in favour of granting injunction – Claim to restrain defendant from enforcing lien over goods deposited for storage by plaintiff as agent – Serious question to be tried as to whether defendant entitled to enforce a lien over goods – No sufficient reason to doubt adequacy of plaintiff's undertaking as to damages – Where, upon plaintiff's paying amounts owing under contract, balance of convenience favours restraining defendant from asserting lien – Injunction granted on terms. - (NSW) Warehousemen's Lien Act 1935, ss 3 and 4.