Angus Carnegie Gordon in his capacity as liquidator of Deva Loka Pty Limited (in liquidation) (ACN 142 201 045) v Coral Bay East Coast Pty Limited (ACN 132 028 285)

The case involved Angus Carnegie Gordon, acting in his capacity as liquidator of Deva Loka Pty Limited, which was in liquidation. The defendant, Coral Bay East Coast Pty Limited, was a company that held possession of certain property belonging to the liquidator's client. The dispute arose over access to the premises to remove the property identified. The matter was heard in the Supreme Court of Victoria.

The court had to decide whether to grant an ex parte injunction to allow the liquidator to access the premises and remove the property. The legal issues included whether the liquidator had established urgency, whether there was a risk of damage to the property if the injunction was not granted, and whether the balance of convenience favoured the grant of the injunction. The court also had to consider the undertaking given by the liquidator as to damages.

The court found that the liquidator had established urgency and the risk of damage to the property if the injunction was not granted. The balance of convenience favoured the grant of the injunction. The court also accepted the undertaking given by the liquidator as to damages. Therefore, the court made the orders sought by the liquidator, including a short stay of proceedings, an injunction to allow access to the premises, and a declaration that the liquidator was entitled to remove the property identified.

The court ordered that the defendant provide the liquidator with access to the premises and allow the removal of the property identified. The court also ordered that the defendant pay the liquidator's costs of the application.