In the matter of Hengrove Hall Pty Ltd

The plaintiff, Hengrove Hall Pty Ltd, sought an interlocutory injunction against the defendant, who had taken possession of premises following breaches by a licensee. The plaintiff requested 24-hour swipe card access to the premises, arguing that a licence agreement remained in effect, entitling them to such access. The defendant argued that the licence agreement had been terminated, and the plaintiff's request for access was not supported by the terms of the agreement. The defendant also contended that the plaintiff's delay in bringing the proceedings, coupled with previous incidents of after-hours access causing fire alarms to go off, weighed against granting the relief sought.

The court examined whether it was seriously arguable that a licence agreement remained on foot and, if so, whether it entitled the plaintiff or the licensee to 24-hour swipe card access. The court concluded that while it was seriously arguable that a licence agreement remained in a limited form, it was not seriously arguable that the agreement required the provision of 24-hour swipe card access. The court further found that the balance of convenience did not favour granting the relief and that the plaintiff's delay in bringing the proceedings was an independent reason to decline to grant relief.

Additionally, the court addressed the issue of standing, ruling that the new trustee did not have standing to bring proceedings in respect of the shares or any contract between the former trustee and the defendant. The court held that the former trustee should be joined as a party. The court also dismissed the argument that the proceedings involved a "special federal matter," as there was no dispute that the shares were held on trust, and the matters involved were not inherently federal in nature.

The court declined to grant the interlocutory injunction and ruled that the former trustee should be joined as a party in the proceedings.