Telstra Corporation Ltd v Sicard Pty Ltd [2009] NSWSC 827

New South Wales Supreme Court

CITATION : Telstra Corporation Ltd v Sicard Pty Ltd [2009] NSWSC 827

HEARING DATE(S) : 25 June 2009 JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 26 June 2009

DECISION : Interlocutory injunction granted

CATCHWORDS : LANDLORD AND TENANT – Lessor's covenants – quiet enjoyment – application for interlocutory injunction where lessor undertaking building works to façade of building – where lessor claims works are authorised by provision of lease which permits modification, reconstruction and rebuilding of the building – whether the performance of works constitutes a breach of covenant of quiet enjoyment in that interruption and disturbance occasioned are undue within the meaning of the covenant – whether lease permits the lessor to perform works as long as they are performed reasonably – where defendant would incur significant costs if an interlocutory injunction were wrongly granted – where the plaintiff would incur significant interruption to its ability to carry on its business if an interlocutory injunction were wrongly refused – where balance of convenience is relatively evenly poised – where the plaintiff's case is significantly stronger and more likely to succeed

CATEGORY : Procedural and other rulings

Aussie Traveller Pty Ltd v Marklea Pty Ltd [1998] 1 Qd R 1 Clark v Lloyd's Bank Ltd (1910) 79 LJ Ch 645 Famous Markers Confectionery v Sengos (No 2) Pty Ltd (1993) NSW ConvR 55-672 Glasshouse Investments Pty Ltd v MPJ Holdings Pty Ltd [2005] NSWSC 456 CASES CITED : Gordon v Lidcombe Development Pty Ltd [1966] 2 NSWR 9 Harrison v Southwark & Vauxhall Water Company [1891] 2 Ch 409 Saner v Bilton (1878) 7 Ch D 815 Southwark London Borough Council v Tanner [2001] 1 AC 1, (1999) 3 WLR 939 Spathis v Hanave Investment Co Pty Ltd [2002] NSWSC 304 Todburn Pty Limited v Taormina International Pty Ltd (1990) 5 BPR 11,173