Iscorp Investment Pty Ltd (ACN 100 517 708) v Yohana

The matter before the court involved a dispute between Iscorp Investment Pty Ltd and Yohana. The plaintiff sought an interlocutory injunction to prevent the defendant from selling a property located at 154-156 Church Street, Ashfield. The property was subject to a mortgage held by Iscorp, and the plaintiff claimed that Yohana had breached the terms of the mortgage agreement by attempting to sell the property. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether an interlocutory injunction should be granted to restrain the defendant from selling the property. The court considered the balance of convenience and the irreparable harm that might be caused if the injunction was not granted. The court also examined the merits of the case and the likelihood of the plaintiff succeeding at trial.

The court held that the balance of convenience favoured granting the interlocutory injunction. The court found that if the property was sold before the case was resolved, it would be difficult, if not impossible, to recover any potential damages. The court also noted that the plaintiff had established a prima facie case for relief, and there was a serious question to be tried. Based on these considerations, the court granted the interlocutory injunction to restrain the defendant from selling the property.

The court ordered that Yohana be restrained from disposing of the property at 154-156 Church Street, Ashfield, and from taking any steps to sell or transfer the property, until further order of the court. The injunction was to remain in place until the case was resolved or until the court decided otherwise. The court also ordered that the matter be listed for further directions.