Pazta Company Pty Ltd v Idelake Pty Ltd [2008] NSWSC 941

New South Wales Supreme Court

CITATION : Pazta Company Pty Ltd v Idelake Pty Ltd [2008] NSWSC 941

HEARING DATE(S) : 26 August 2008

JUDGMENT DATE : 11 September 2008

JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

DECISION : Arguable case for final injunction based on equitable estoppel. Balance of convenience overwhelmingly favours grant of interlocutory relief. Interlocutory injunction granted upon undertaking of plaintiff's director to continue paying rent to first defendant.

CATCHWORDS : INJUNCTIONS – interlocutory injunctions – application to restrain landlord from acting on notice to quit – family business – where daughter's company had taken over business from father's company – where father retained as general manager – where father's company leased premises to daughter's company – where plaintiff remained in occupation for four years after lease expired and parties had otherwise departed from its terms – where daughter had provided considerable funding to the business pursuant to representations from father – whether seriously arguable case for final injunction based on equitable estoppel – whether daughter had reasonable expectation that her company would be allowed to remain in possession of property until business established – balance of convenience – whether granting injunction would practically decide final relief – where plaintiff's director offered undertaking to continue to pay rent until final hearing – whether plaintiff should be required to pay rent in arrears as a condition of being granted interlocutory relief – whether seriously arguable case for final relief based on alleged compromise of proceedings – policy considerations. - EQUITY – ESTOPPEL – extent to which expectation must be clear and unequivocal.