Xbox Pty Ltd v The Trustee for Wagga Motors Unit Trust t/as Wagga Motors [2016] NSWSC 1422

Supreme Court New South Wales

Medium Neutral Citation: Xbox Pty Ltd v The Trustee for Wagga Motors Unit Trust t/as Wagga Motors [2016] NSWSC 1422 Hearing dates: 4 October 2016 Decision date: 04 October 2016 Jurisdiction: Equity - Duty List Before: Stevenson J Decision: (1) On the plaintiff giving the usual undertaking as to damages, pursuant to r 25.3 of Uniform Civil Procedure Rules 2005 (NSW), the defendant will: (a) Remain in possession and not dispose of the 2013 Mercedes Benz C Class C63 AMG sedan the subject of the proceedings ("Vehicle") until further order of the Court. (b) Preserve the Vehicle in its current condition as at the date of this order. (c) Store the Vehicle securely until further order of the Court. (d) Maintain the Vehicle in accordance with the manufacturers recommended guidelines until further order of the Court. (2) I order that the defendant pay the plaintiff's costs of today. Catchwords: PRACTICE AND PROCEDURE – interlocutory relief – order for the preservation of property UCPR r 25.3 – whether serious question to be tried as to the existence of a contract for sale of a second hand vehicle – whether serious question to be tried that plaintiff will obtain specific performance of that contract Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Xbox Pty Limited (Plaintiff/Applicant) The Trustee for Wagga Motors Unit Trust t/as Wagga Motors (Defendant/Respondent) Representation: Counsel: B Lloyd (Plaintiff/Applicant) N Hogan (Defendant/Respondent)