J Family Motel Group Pty Ltd v Baset Super Pty Ltd

The plaintiff, J Family Motel Group Pty Ltd, sought an interlocutory injunction against the defendant, Baset Super Pty Ltd, to prevent it from dealing with property or acting on a notice of termination of a lease. The case was heard in the Supreme Court of New South Wales, presided over by Justice Brereton. The plaintiff alleged that the defendant wrongfully terminated the lease of the motel, which resulted in the plaintiff's loss of income. The plaintiff sought an injunction pending the final hearing of the case to prevent the defendant from further damaging the plaintiff's business and reputation.

The primary legal issues the court needed to decide were whether there was a serious question to be tried, whether the balance of convenience favoured granting interim relief, and whether the plaintiff could provide a satisfactory undertaking regarding any potential damages. The court also needed to consider the effect of the personal undertaking given by the plaintiff's director as to damages. The defendant argued that there was no serious question to be tried as the lease had been validly terminated, and the balance of convenience did not favour granting the interim relief. The defendant also argued that the undertaking provided by the plaintiff's director was insufficient.

Justice Brereton found that there was a serious question to be tried as the validity of the termination of the lease was in dispute. The court also found that the balance of convenience favoured granting the interim relief. The court was satisfied that the personal undertaking given by the plaintiff's director was sufficient to mitigate any potential damages that may be awarded to the defendant if the final hearing did not go in the plaintiff's favour. Therefore, the court granted the injunction pending the final hearing of the case.