Long Jetty Realty Pty Ltd v Whiteman [2018] NSWSC 956

Supreme Court New South Wales

Medium Neutral Citation: Long Jetty Realty Pty Ltd v Whiteman [2018] NSWSC 956 Hearing dates: 15 June 2018 Decision date: 15 June 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Dismiss the Notice of Motion dated 6 June 2018. (2) Plaintiffs to pay the Second Defendant's costs of the Notice of Motion. (3) First and Fourth Defendants' costs be costs in the cause. (4) Refer matter back to Registrar's List on Thursday, 21 June 2018. Catchwords: EQUITY – Equitable remedies – Injunction to restrain defendants from performing real estate services – Damages would be an adequate remedy – Injunction refused Cases Cited: Empirnall Holdings Pty Limited v Machon Paull Partners Pty Limited (1988) 14 NSWLR 523 Lucas Stuart Pty Ltd v Hemmes Hermitage Pty Ltd [2010] NSWCA 283 Pearson v HRX Holdings Pty Ltd (2012) 205 FCR 187; [2012] FCAFC 111 Category: Procedural and other rulings Parties: Long Jetty Realty Pty Ltd (First Plaintiff) Long Jetty PM Pty Ltd (Second Plaintiff) JMB (NSW) Pty Ltd (Third Plaintiff) Jaimie Mark Woodcock (Fourth Plaintiff) Brian Whiteman (First Defendant) Jennifer Whiteman (Second Defendant) Baralga Nominees Pty Ltd (Third Defendant) Whiteman Investment Holdings Pty Ltd (Fourth Defendant) Representation: Counsel: Ms LW Chan (Plaintiffs) D Mahendra with Ms Carr (Defendants)