Airlie Beach Real Estate Pty Ltd v Body Corporate for Delor Vue Apartments CTS 39788

Airlie Beach Real Estate Pty Ltd (ABRE) filed an application against the Body Corporate for Delor Vue Apartments CTS 39788, seeking an interim injunction to prevent the body corporate from acting on its purported termination of the management agreement. The application arose from a series of disputes regarding the maintenance of common property and the body corporate's decision to terminate the management agreement. The tribunal had to determine whether it was just and convenient to grant the interim injunction, taking into account the balance of convenience and the adequacy of damages as a remedy.

The court examined the requirements for an issue estoppel to arise, considering whether the same question had been decided in the prior adjudication decision and if the parties involved were the same. The body corporate argued that an issue estoppel arose because ABRE was identified as an affected party in the prior adjudication. However, the tribunal found that an issue estoppel did not apply in this case, as ABRE was not a party to the adjudication proceedings and did not claim under or through the applicant in those proceedings.

The tribunal concluded that the balance of convenience favoured the grant of the interim injunction, as damages would not be an adequate remedy if ABRE were ultimately successful in the proceeding. The tribunal also noted that the interim injunction would place the parties in the position they were in immediately prior to the purported termination of the management agreement. Therefore, the tribunal granted the interim injunction, restraining the body corporate from acting on the purported termination until the final determination of the proceeding, an order of the tribunal, or an agreement in writing between the parties.