Drama Unit Pty Ltd v Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd

Drama Unit Pty Ltd (the applicant) sought interlocutory relief from Leeming JA of the Court of Appeal of New South Wales, pending the delivery of a reserved judgment concerning its appeal against a primary judge's dismissal of its claim to an equitable interest in land and the consequent removal of caveats. The respondent, Timothy James Cook as Administrator of Fearndale Holdings Pty Ltd, had entered into a contract for the sale of the land, with the purchaser having notice of the applicant's claimed interest.

The central legal issue before Leeming JA was whether to grant the applicant leave to lodge a further caveat over the land and to grant an injunction restraining the purchaser from completing the sale. This application was made in circumstances where the applicant had not sought a stay of the primary judge's orders and its appeal had been heard expeditiously.

Leeming JA reasoned that the applicant had not established a sufficient likelihood of success on appeal to warrant the grant of interlocutory relief. The court noted that the applicant had not sought a stay of the primary judgment and that the appeal had been heard promptly. The applicant's failure to demonstrate a strong case on appeal, coupled with the fact that the purchaser was aware of the claimed equitable interest, meant that the extraordinary relief sought was not justified.

Consequently, the notice of motion filed by Drama Unit Pty Ltd on 6 November 2019 was dismissed, with Drama Unit Pty Ltd ordered to pay the costs of Mr Cook and CFT 13 Pty Ltd in relation to that motion. Leave was granted to the extent necessary for Drama Unit Pty Ltd to bring and maintain its notice of motion.