Nandaway Pty Ltd & Anor v Juice Station Australasia Pty Ltd & Ors

Nandaway Pty Ltd and an associated company brought an application against Juice Station Australasia Pty Ltd and others seeking an interlocutory mandatory injunction for the delivery up of a shop fitout. The matter was heard in the Supreme Court of New South Wales. The applicants alleged that the respondents had completed the installation of a shop fitout in a shopping centre, which was the intellectual property of the applicants, without their consent. The applicants sought an order for the respondents to remove the fitout and deliver it to them.

The court was required to determine whether an interlocutory mandatory injunction should be granted, considering the strength of the applicants' case, the potential harm to the respondents if the injunction was granted, and the effect of the undertakings proffered by the applicants. The court had to balance the applicants' right to protect their intellectual property against the potential loss and inconvenience to the respondents if the injunction was granted. The court also had to consider the effect of the undertakings on the ultimate rights of the competing claimant if established.

The court found that the applicants had established a strongly arguable case for final relief, and that the balance of convenience favoured the grant of the injunction. The court also found that the undertakings proffered by the applicants would preserve the ultimate rights of the competing claimant if established. The court therefore granted the interlocutory mandatory injunction, ordering the respondents to remove the shop fitout and deliver it to the applicants. The court noted that the injunction was not to operate as a final determination of the applicants' entitlement to the relief sought.

In light of the interlocutory nature of the injunction, the court did not make any final orders in relation to the ownership of the shop fitout. The court emphasised that the injunction was only intended to preserve the status quo until the final determination of the matter, and that the ultimate rights of the parties would be determined at that time.