NSW Caselaw
New South Wales Supreme Court
CITATION : Margwyn Holdings Pty Ltd v Hodgkinson [2007] NSWSC 787
HEARING DATE(S) : 05/07/07 JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
EX TEMPORE JUDGMENT DATE : 5 July 2007
DECISION : Interlocutory injunction granted.
CATCHWORDS : EQUITY [334]- Equitable remedies- Injunctions- Interlocutory injunctions- Evidence that notice was sent sufficient to establish arguable case- Balance of convenience considered- Injunction granted. LANDLORD & TENANT [39]- Option to renew- Plaintiff tenant to give landlord notice of intention to exercise option by certain date- Plaintiff says notice sent to landlord's solicitor- Alleged that notice never received- Notices sent in accordance with usual office procedure are presumed to have reached their destination unless there is evidence to the contrary- Therefore case to go for trial on the facts.
LEGISLATION CITED : Conveyancing Act 1919, s 170 Interpretation Act 1987, s 76
Connor v Blacktown District Hospital [1971] 1 NSWLR 713 CASES CITED : Cushing v Lady Barkly Gold Mining Co (1883) 9 VLR (E) 108 Shercliff v Engadine Acceptance Corporation Pty Ltd [1978] 1 NSWLR 729 Trade Practices Commission v TNT Management Pty Ltd (1984) 56 ALR 647
PARTIES : Margwyn Holdings Pty Limited (P) Lisa Jane Hodgkinson (D)
FILE NUMBER(S) : SC 3331/07
COUNSEL : E White (P) H Woods (D)
SOLICITORS : Delves & Wain (P) Robert King & Associates (D)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG CJ in EQ
Thursday 5 July 2007
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