KB Productions 2001 Pty Ltd (Deregistered) and Ors v Kurt and Anor [2015] NSWSC 1330

Supreme Court New South Wales

Medium Neutral Citation: KB Productions 2001 Pty Ltd (Deregistered) and Ors v Kurt and Anor [2015] NSWSC 1330 Hearing dates: 3 September 2015 Date of orders: 03 September 2015 Decision date: 03 September 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The orders of McCallum J made on 30 August 2015 be set aside.

(2) The matter is stood over to 8 September 2015 at 9.30am before Beech-Jones J.

(3) Order these orders to be entered forthwith. Catchwords: ADJOURNMENT – personal plaintiff obtained ex parte injunction restraining landlords from entering premises – alleged injunction obtained by presentation of fabricated letter – personal plaintiff seeks adjournment to obtain legal advice – serious accusation – adjournment granted but injunction dissolved. Category: Procedural and other rulings Parties: KB Productions 2001 Pty Ltd (deregistered) – First Plaintiff Kangoo Property Holdings trading as The Lexington Café – Second Plaintiff George Dimitriou – Third Plaintiff Avnur Kurt – First Defendant Osman Kurt – Second Defendant Representation: Counsel: D. Elliott – Plaintiffs B.M. Zipser – Defendants

Solicitors: Rizos & A ssociates – Defendants File Number(s): 15/258997 Publication restriction: Nil

Judgment (revised from ex tempore) 1. What is currently before me is an application to adjourn the hearing of an application for the continuance or the dissolution of an ex parte injunction. Ordinarily, the reasons that might be given in relation to an adjournment application can be expected to be brief. 2. However, given that the outcome of the adjournment application seems overwhelmingly likely to determine the outcome of the application for either the dissolution or the continuance of the injunction, and in order to explain the position so that the parties may know where they stand, it is appropriate to provide fuller reasons than are usually given.