Maharaja’s Palace Pty Ltd v Raj & Jai Construction Pty Ltd [2018] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maharaja's Palace Pty Ltd v Raj & Jai Construction Pty Ltd [2018] NSWCA 191 Hearing dates: 27 August 2018 Date of orders: 27 August 2018 Decision date: 29 August 2018 Before: Leeming JA Decision: 1. I note the usual undertaking as to damages proffered on behalf of the appellants.

2. I make order 2 in terms of the notice of motion filed 24 August 2018, namely:

"An order that Order 2 made by Justice Kunc in the proceedings below on 24 August 2018 restraining the respondent, Raj & Jai Construction Pty Ltd, by itself, its servants and agents, from taking any steps to re-enter and take possession of the Shops 2, 3, 4, 5A, 5B, 6, 7, 8, 12 and 18 at 14-18 Douglas Road, Quakers Hill, New South Wales be continued until further order." Catchwords: PRACTICE – interlocutory injunctive relief pending appeal – dispute between landlord and tenant whether partly performed oral agreement to lease – where appeal seriously arguable, although weak, but balance of convenience favoured continuation of injunctive relief Legislation Cited: None Cases Cited: Capilano Honey Ltd v Dowling (No 1) [2018] NSWCA 128 Fatimi Pty Ltd v Bryant [2002] NSWSC 750 Klewer v Official Trustee in Bankruptcy (No 2) [2010] NSWCA 258 Maharaja's Palace Pty Ltd v Raj & Jai Construction Pty Ltd [2018] NSWSC 1269 Regent v Millett (1976) 133 CLR 679; [1976] HCA 40 Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd as Trustee of the Harry Triguboff Foundation [2017] NSWCA 331 Texts Cited: None Category: Procedural and other rulings Parties: Maharaja's Palace Pty Ltd (First appellant) B&B Group Pty Ltd (Second appellant) Satinder Pal Singh Benepal (Third appellant) Raj & Jai Construction Pty Ltd (Respondent) Representation: Counsel: S Wells and J Anderson (Appellants) G Farland (Respondent)