Lake Macquarie Conveyancing Pty Ltd v Foxbrentin Pty Ltd

Lake Macquarie Conveyancing Pty Ltd initiated proceedings against Foxbrentin Pty Ltd, seeking an interim injunction to prevent Foxbrentin from proceeding with a sale of property located at Warners Bay. The dispute arose from an alleged agreement between the parties that granted Lake Macquarie exclusive rights to sell the property. The matter was heard by the Supreme Court of New South Wales. The primary legal issue before the court was whether Lake Macquarie had established a serious question to be tried regarding their exclusive right to sell the property and whether the balance of convenience favoured granting the injunction. The court also considered whether there were any questions of principle involved in the application for the injunction.

The court found that Lake Macquarie had indeed raised a serious question to be tried concerning the alleged exclusive right to sell the property. The evidence presented suggested a clear agreement between the parties, granting Lake Macquarie exclusive rights to market and sell the property. The court acknowledged the strength of this claim, which required further investigation at a trial. Regarding the balance of convenience, the court determined that it favoured Lake Macquarie. The potential harm to Lake Macquarie's business reputation and financial interests if the injunction was not granted outweighed any inconvenience to Foxbrentin. There were no questions of principle that would prevent the court from granting the interim injunction.

Consequently, the court granted the interim injunction, restraining Foxbrentin from proceeding with the sale of the property until the matter was resolved at a full hearing. The court emphasised that this decision was not a final determination of the merits of the case but rather a provisional measure to maintain the status quo pending further evidence. The court ordered that Foxbrentin refrain from completing the sale of the property until further order of the court.