Total Destination Marketing Pty Ltd v Ainline Pty Ltd [2011] NSWSC 1209

Supreme Court New South Wales

Medium Neutral Citation: Total Destination Marketing Pty Ltd v Ainline Pty Ltd [2011] NSWSC 1209 Hearing dates: Wednesday, 28 September 2011 Decision date: 28 September 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Defendant restrained from terminating or purporting to terminate lease. Claims for relief in paragraphs 1, 3 and 4 of amended summons to be heard separately. Motion for discovery adjourned until determination of preliminary question. Catchwords: PRACTICE AND PROCEDURE - Plaintiff applies for determination of separate questions - separate questions primarily ones of construction - determination would render superfluous need to determine other claims for relief and would narrow compass of discovery. INTERLOCUTORY INJUNCTIONS - defendant serves notice under (NSW) Conveyancing Act 1919, s 133E asserting breach of lease - plaintiff institutes proceedings within 28 days - s 133G entails lease to continue in force until proceedings determined - defendant files s 129 notice to circumvent operation of s 133G - no evidence of prejudice to defendant if injunction granted. Legislation Cited: (NSW) Conveyancing Act 1919, s 129, s 133E, s 133F, s 133G (NSW) Uniform Civil Procedure Rules 2005, r 28.2 Category: Procedural and other rulings Parties: Total Destination Marketing Pty Ltd (plaintiff) Ainline Pty Ltd (defendant) Representation: Counsel: Mr J Darvall (plaintiff) Mr J A Trebeck (defendant) Solicitors: Last and Maxwell (plaintiff) Doyle Edwards Anderson Lawyers Pty Ltd (defendant) File Number(s): 2011/248532