Wilson Mobile Cranes Pty Ltd & Anor v Garry Fulton & Anor [2010] NSWSC 1293

New South Wales Supreme Court

CITATION : Wilson Mobile Cranes Pty Ltd & Anor v Garry Fulton & Anor [2010] NSWSC 1293

HEARING DATE(S) : 25 October 2010, 28 October 2010, 29 October 2010

JUDGMENT DATE : 1 November 2010

JUDGMENT OF : Slattery J at 1

EX TEMPORE JUDGMENT DATE : 1 November 2010

Upon the plaintiffs giving the usual undertaking as to damages and upon the plaintiffs paying the sum of $120,000 in cleared funds to the defendants:- (1) that the defendants be restrained until further order from: (a) relying upon any asserted lien in relation to the goods referred to in annexure A to the Motion dated 28 February 2010 to secure monies alleged to be owed by the plaintiffs to the defendants; and/or (b) preventing the plaintiffs by their servants or agents from taking reasonable steps to remove the goods referred to in annexure A to the motion from the premises of the defendants. DECISION : (2) Grant liberty to apply on two days' notice. (3) Direct that these proceedings be listed before the Expedition Judge at 10am on Friday, 5 November 2010. (4) The district court proceedings will be transferred to the Supreme Court proceedings under s 140(1) of the Uniform Civil Procedure Act. (5) Costs are reserved. (6) Orders are to be entered forthwith.

CATCHWORDS : EQUITABLE REMEDIES - interlocutory injunction - plaintiffs apply to restrain exercise of a lien claimed over specialised equipment - serious question to be tried found - plaintiffs owe defendants monies in excess of the value of the lien - plaintiffs offer to pay defendants the value of the lien - equipment essential to conduct of plaintiff's business - balance of convenience favours grant of relief on terms - HELD: interlocutory relief granted on terms that the plaintiff pays the defendant the market value of the equipment plus a sum to cover the possibility that the plaintiffs' estimate of the market value of the equipment us wrong.