CB Direct v Challenger Mortgage Management [2009] NSWSC 334

New South Wales Supreme Court

CITATION : CB Direct v Challenger Mortgage Management [2009] NSWSC 334

HEARING DATE(S) : 15/04/09; 17/04/09

JUDGMENT DATE : 20 April 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 20 April 2009

DECISION : Refer to paras 70 and 73-75 of judgment.

CATCHWORDS : EQUITY - equitable remedies - injunctions – plaintiff seeks a mandatory interlocutory injunction that past trailing commissions due be paid, and that until further order future trailing commissions be paid – consideration of risk of injustice to each party – plaintiff's claim for loss would prima facie be fully compensated for at trial by judgment for debt and interest – no undertaking as to damages given - evidence suggests that any undertaking as to damages given by the plaintiff would be worthless –lower risk of injustice would not lie with granting the remedies sought - order that notice of motion be dismissed

Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Sargent v ASL Developments Ltd (1974) 131 CLR 634 Integral Home Loans Pty Ltd & Anor v Interstar Wholesale Finance Pty Ltd & Anor [2007] NSWSC 406 CASES CITED : Interstar Wholesale Finance Pty Limited v Integral Home Loans Pty Limited [2008] NSWCA 310 Keenan v Handley (1864) 2 De G J & S 283; 46 ER 384 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Kerridge v Foley [1968] 1 NSWR 628 Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249

TEXTS CITED : RP Meagher, J D Heydon and M J Leeming, Meagher, Gummow and Lehane's Equity: Doctrines & Remedies 4th ed 2002