Yousseff El Bayeh v Samir Bayeh & Ors [2011] NSWSC 101

Supreme Court New South Wales

Medium Neutral Citation: Yousseff El Bayeh v Samir Bayeh & Ors [2011] NSWSC 101 Hearing dates: 2 March 2011 Decision date: 02 March 2011 Before: Einstein J Decision: The plaintiff's application for interlocutory relief is dismissed and the plaintiff is ordered to pay the costs of each of the defendants Catchwords: Equity Interlocutory relief Prima facie case Balance of convenience Cases Cited: Chikal Pty Ltd v Bi Constructions Pty Ltd [2010] NSWSC 1286 Category: Procedural and other rulings Parties: Yousseff El Bayeh (Plaintiff) Samir Bayeh (First Defendant) Issam Issa (Second Defendant) BI Constructions Pty Ltd (Third Defendant) Cambridge Law Pty Ltd (Fourth Defendant) Representation: Counsel: Mr F Maghami (Plaintiff) Mr M Condon, Mr D Rayment (First and Second Defendants) Mr C Robinson (Third and Fourth Defendants) Solicitors: Robert Wehbe & Partners Pty Ltd (Plaintiff) Thurlow Fisher (First and Second Defendants) Cambridge Law (Third and Fourth Defendants) File Number(s): 2011/00068781

Judgment

The Summons 1There is before the Court an application brought by the plaintiff Yousseff El Bayeh against the first, second and third defendants seeking interim relief that Cambridge Law be restrained from distributing the sum of $2,284,940.95 held in a controlled money account for BI Constructions until further order of the Court. 2By reason of the urgency dictated by the fact that unless the Court made an immediate interlocutory order the plaintiffs claim would have been rendered otiose, the Court granted an interim restraining order in terms of paragraph 3 of the claim for interim relief and at the same time extracted from the plaintiff by its counsel the usual undertaking as to damages.