Beulah Matumbi Pty Ltd v The Trustee Company (PTAL) Limited as custodian of the Balmain MMT Mortgage Trust

Beulah Matumbi Pty Ltd, the plaintiff, sought an interlocutory injunction against The Trustee Company (PTAL) Limited as custodian of the Balmain MMT Mortgage Trust, the defendant, to prevent the mortgagee and receivers appointed by the mortgagee from taking possession of certain property. The dispute arose from a dispute between the parties regarding the ownership of the property. The case was heard in the Supreme Court of New South Wales.

The legal issues that the court was required to decide were whether there was a serious question to be tried and whether the balance of convenience warranted the grant of interlocutory relief. The court had to consider the evidence presented by both parties and determine whether the plaintiff had a strong case that was likely to succeed at trial. Additionally, the court had to weigh the potential harm that the defendant would suffer if the injunction was granted against the potential harm that the plaintiff would suffer if the injunction was not granted.

The court found that there was a serious question to be tried and that the balance of convenience favoured the grant of interlocutory relief. The court was satisfied that the plaintiff had presented sufficient evidence to establish a strong case that was likely to succeed at trial. Additionally, the court found that the potential harm to the plaintiff if the injunction was not granted outweighed the potential harm to the defendant if the injunction was granted. As such, the court granted the plaintiff's application for an interlocutory injunction.

The final orders of the court included an interlocutory injunction preventing the mortgagee and receivers appointed by the mortgagee from taking possession of the property until the matter was finally determined. The court also ordered that the defendant pay the plaintiff's costs of the application.