Lineablu Pty Ltd v St George Sailing Club Ltd

The case of Lineablu Pty Ltd v St George Sailing Club Ltd involved a dispute between the plaintiff, Lineablu Pty Ltd, and the defendant, St George Sailing Club Ltd. Lineablu Pty Ltd operated a restaurant on the premises of St George Sailing Club Ltd, but the latter sought to eject the former on the basis that Lineablu Pty Ltd had breached their agreement. Lineablu Pty Ltd sought an interlocutory injunction to prevent the defendant from ejecting them until the substantive proceedings were resolved. The matter was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether Lineablu Pty Ltd had demonstrated a serious question to be tried in the substantive proceedings and whether the balance of convenience favoured granting the injunction. Additionally, the court needed to consider whether damages would be an adequate remedy for Lineablu Pty Ltd if the injunction was not granted, as well as other discretionary factors relevant to the grant of an interlocutory injunction.

The court found that Lineablu Pty Ltd had raised a serious question to be tried regarding their alleged breach of the agreement and the validity of the defendant's right to eject them. The court also determined that the balance of convenience favoured granting the injunction, as the harm to Lineablu Pty Ltd if the restaurant were to be ejected outweighed any harm to St George Sailing Club Ltd if the injunction were granted. Furthermore, the court held that damages would not be an adequate remedy for Lineablu Pty Ltd in the event the injunction was not granted. Considering these factors, the court granted the interlocutory injunction, preventing St George Sailing Club Ltd from ejecting Lineablu Pty Ltd until the substantive proceedings were resolved.

The court's final orders were that an interlocutory injunction be granted to Lineablu Pty Ltd, restraining St George Sailing Club Ltd from ejecting Lineablu Pty Ltd from the premises until the substantive proceedings were resolved.