Elite Fleet Pty Ltd v Westpac Banking Corporation [2011] NSWSC 958

Supreme Court New South Wales

Medium Neutral Citation: Elite Fleet Pty Ltd v Westpac Banking Corporation [2011] NSWSC 958 Hearing dates: 23/06/2011 Decision date: 23 June 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Defendant restrained from making payments from employee deductions to any person other than plaintiff. Catchwords: INJUNCTIONS - Interlocutory injunctions - plaintiff seeks to restrain defendant from breaching negative stipulation in contract - seriously arguable case - seriously arguable that properly construed contract does not allow termination of agreement in way alleged by defendant - interlocutory injunction likely to be practically conclusive of issue - injunction seeks to enforce negative stipulation - consistent with equitable principles to enforce such stipulations - argument damages sufficient remedy - fact plaintiff will suffer non-compensable reputational damage and may be put in breach of obligations to third parties entails breach cannot be sufficiently remedied by award of damages - balance of convenience - detriment to plaintiff would be irremediable reputational damage - defendant would merely be paying moneys to persons other than plaintiff - damages not adequate remedy for breach of monetary obligations - interlocutory injunction granted. Legislation Cited: (NSW) Defamation Act 2005, s 9 Cases Cited: Doherty v Allman (1878) 3 AC 709 Category: Interlocutory applications Parties: Elite Fleet Pty Ltd (plaintiff) Westpac Banking Corporation (defendant) Representation: Counsel: IM Neil SC (plaintiff) D Kulevski (defendant) Solicitors: Gillis Delaney Lawyers (plaintiff) Allens Arthur Robinson (defendant) File Number(s): 2011/ 185833