Lawindi v Elkateb

The case of Lawindi v Elkateb involved a dispute between the parties regarding the terms of a property sale. The matter was heard in the Supreme Court of New South Wales. The primary issue before the court was whether the defendant's failure to provide confirmation regarding the commission of the agent activated the undertaking as to damages in the injunctive order of the Mareva kind. The plaintiff argued that the delay in settlement, which was due to the defendant's failure to provide confirmation, activated the undertaking as to damages, while the defendant contended that the delay was not caused by their actions.

The court considered the causal link between the delay in settlement and the defendant's failure to provide confirmation. It was found that the defendant could have avoided the delay by procuring the confirmation reasonably requested by the plaintiff. The court held that the delay in settlement was caused by the defendant's failure to provide confirmation, and therefore, the undertaking as to damages was activated. The court emphasised the importance of the defendant taking reasonable steps to avoid the delay, and found that the defendant's failure to do so was a breach of the terms of the injunctive order.

The court ordered the defendant to pay damages to the plaintiff in accordance with the terms of the undertaking as to damages in the injunctive order. The court also made orders for costs. The decision highlights the importance of parties fulfilling their obligations under injunctive orders and the consequences of failing to do so.