Devine Real Estate Concord Pty Ltd v Agha [2018] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: Devine Real Estate Concord Pty Ltd v Agha [2018] NSWSC 556 Hearing dates: 5, 11, 12, 13 April 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Equity - Duty List Before: Parker J Decision: Plaintiffs have a prima facie case against the first defendant for breaches of his contractual obligations. Plaintiffs also have a prima facie case against each of the first and second defendants for breaches of statutory obligations of confidence owed to the plaintiffs, statutory obligations not to their position as a director or employee of the plaintiffs for their own benefit; and breaches of equitable obligations of confidence owed to the plaintiffs. Catchwords: REAL PROPERTY – interlocutory injunctions – where the plaintiffs seek contractual, statutory and equitable injunctive restraints against the defendants prior to hearing and determination of a breach of confidence and restraint of trade case – whether the plaintiffs have a prima facie case against the defendants for any or all of those injunctive restraints to be granted

EQUITY – equitable remedies – specific performance – maxims – "he who seeks equity must do equity" – where the plaintiffs have not paid the first defendant the moneys he is owed for their purchase of his shares – whether the plaintiffs' conduct disentitles them to interlocutory relief in the form of specific performance – breach of contract – whether plaintiffs are "ready, willing and able" to comply with their contractual obligations – discussion of the application of the "ready, willing and able" rule in applications for interlocutory relief – whether the plaintiffs' failure to fulfil their contractual obligations is a ground for refusing to enforce the first defendant's statutory or equitable obligations Legislation Cited: Corporations Act 2001 (Cth) Category: Principal judgment Parties: Devine Real Estate Concord Pty Limited (First Plaintiff) Devine Real Estate Drummoyne Pty Ltd (Second Plaintiff) Steven James Devine (Third Plaintiff) EMC Just Holdings Pty Ltd (Fourth Plaintiff) Wajih Agha (aka Roger Agha) (First Defendant) Lewis Coombe (Second Defendant) Representation: Counsel: V Heath (Plaintiff) P Doyle Gray (First and Second Defendants)