Border Hotels No 2 Pty Ltd v Mehmet Cihan as Trustee for the Cihan Family Trust;; Mehmet Cihan as Trustee for the Cihan Family Trust v Border Hotels No 2 Pty Ltd [2015] NSWSC 273

Supreme Court New South Wales

Medium Neutral Citation: Border Hotels No 2 Pty Ltd v Mehmet Cihan as Trustee for the Cihan Family Trust;; Mehmet Cihan as Trustee for the Cihan Family Trust v Border Hotels No 2 Pty Ltd [2015] NSWSC 273 Hearing dates: 19 March 2015 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Equity Division - Duty List Before: White J Decision: 1. Order that the plaintiff's claim for interlocutory relief in the summons be dismissed. 2. Order that the plaintiff, that is Border Hotels No. 2 Pty Limited, pay the defendant's (Mr Cihan's) costs of this application for interlocutory relief. 3. On the plaintiff by its counsel giving the usual undertaking as to damages order that up to and including 24 March 2015 the defendant by itself, its servants and agents be restrained from interfering with the plaintiff's occupation and quiet enjoyment of the leased premises at 77 Liverpool Street, Sydney NSW 2000 or from otherwise interfering with the plaintiff's conduct of the business known as Casa Asturina. Catchwords: PRACTICE AND PROCEDURE – interlocutory orders – present plaintiff previously obtained interlocutory injunction on condition – present defendant successfully obtained an order discharging that injunction due to plaintiff's non-compliance with condition – plaintiff brings an application for a second injunction on the same terms one day after the earlier injunction was discharged – no new evidence adduced and no new circumstances arose between the discharge of the first injunction and the application for the second injunction – evidence which the plaintiff relied on in support of the application had also been relied on by it in opposing the defendant's application to discharge the first injunction – held, dismissing the application, that the Court should not permit the re-ventilation of an interlocutory judgment where no new evidence or circumstances have arisen PRACTICE AND PROCEDURE – interlocutory injunctions – absence of evidence that undertaking as to damages could be satisfied if called on Cases Cited: Brimaud v Honeysett Instant Print Pty Limited (1988) 217 ALR 44 Category: Procedural and other rulings Parties: Border Hotels No 2 Pty Ltd (Plaintiff 2015/38019) Mehmet Cihan as Trustee for the Cihan Family Trust (Defendant 2015/38019) Representation: Counsel: A Ahmad (Plaintiff) J Jobson (Defendant