NSW Caselaw
New South Wales Supreme Court
CITATION : Workcare Management Pty Ltd v Gajic Holdings Pty Ltd [2010] NSWSC 479 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 5 May 2010
JUDGMENT DATE : 5 May 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 5 May 2010
DECISION : 1. Discharge the parties from the undertakings given on 20 April 2010. 2. Upon the plaintiff by its counsel giving the usual undertaking as to damages, I make orders in accordance with paragraphs 2 and 3 of the amended summons until further order. 3. Order that costs of this application be costs in the cause.
CATCHWORDS : INTERLOCUTORY INJUNCTIONS – where lessee's alleged delay in occupying leased premises caused by lessor's not providing essential services – whether lessor should be restrained from terminating lease and calling on bank guarantee for unpaid rent – seriously arguable that lessor in breach of express term by not providing essential services – seriously arguable that lessor in breach of implied term to do all things necessary on its part to enable lessee to occupy premises and proceed with fit-out and subleases – whether lessee may have right of set-off for damages against obligation to pay rent – balance of convenience – no question of principle
Citibank Pty Limited v Simon Fredericks Pty Ltd [1993] 2 VR 168 CASES CITED : Ory v Betamore Pty Ltd (in liq) (1993) 60 SASR 393 Re Partnership Pacific Securities Limited [1994] 1 Qd R 410 Butt v M'Donald (1896) 7 QLJ 68
PARTIES : Plaintiff: Workcare Management Pty Ltd Defendant: Gajic Holdings Pty Ltd
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