Rolfe v George Zakharia Group Pty Ltd (No. 2) [2020] NSWSC 438

Supreme Court New South Wales

Medium Neutral Citation: Rolfe v George Zakharia Group Pty Ltd (No. 2) [2020] NSWSC 438 Hearing dates: 21, 22, 23 & 24 April 2020 Date of orders: 23 April 2020 Decision date: 27 April 2020 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Interlocutory orders made for the third and fourth defendants to release portions of the disputed equipment for transportation by the plaintiffs back to the plaintiffs' premises. Orders made for the first defendant to meet the costs of the transportation of the equipment back to the plaintiffs' premises and, in default of payment by the first defendant, for the plaintiffs on a without prejudice basis to pay the fourth defendant's invoice and to secure to the third defendant the payment of part of its invoices. Costs reserved. Catchwords: CIVIL PROCEDURE – injunctions – interlocutory injunction – first defendant engages second defendant to remove plaintiffs' equipment from rural premises – equipment transported a long distance for storage and will be expensive to return– the first defendant's claim of right to the equipment is disputed – injunctions granted on 9 April 2020 for first defendant to return the income earning part of the equipment taken and to retain the other part of the equipment – further facts emerge showing that the second, third, fourth and fifth defendants played roles in the removal of the equipment – but the evidence does not support an inference that the second to fifth defendants were aware that the first defendant's claim of right to the equipment was disputed – all the equipment is incurring storage charges to the third defendant at its present location – the first defendant has no present use for the equipment – change of circumstances – what variations should be made to the Court's original orders to accommodate the balance of convenience, as it now appears from these additional facts. Cases Cited: Amalgamated Television Services v Marsden [1999] NSWCA 313 Brimaud v Honeysett Instant Print Limited (1988) 217 ALR 44 Harrison Partners Construction Pty Ltd v Jevena Pty Ltd (2005) 225 ALR 369 Rolfe v George Zakharia Group Pty Ltd [2020] NSWSC 391 Category: Consequential orders Parties: First Plaintiff: Michael Rolfe Second Plaintiff: M H Engineering Solutions Pty Ltd First Defendant: George Zakharia Group Pty Ltd Second Defendant: AS Investigations Pty Ltd Third Defendant: Outback Recovery Services Fourth Defendant: Wayne Jones 24 Hr Towing Services Fifth Defendant: Steve Markwort Representation: Counsel: Plaintiffs: M. Klooster