JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CIVIL
CITATION: NUTRIEN AG SOLUTIONS LTD -v- PINGRUP TRADERS PTY LTD [2022] WASC 251
CORAM: FORRESTER J
HEARD: 3 AUGUST 2022
DELIVERED : 3 AUGUST 2022
PUBLISHED : 5 AUGUST 2022
FILE NO/S: CIV 1725 of 2022
BETWEEN: NUTRIEN AG SOLUTIONS LTD
Plaintiff
AND
PINGRUP TRADERS PTY LTD
Respondent
Catchwords:
Injunctions - Interlocutory - Agent's lien - Whether serious question to be tried - Balance of convenience
Legislation:
Rules of the Supreme Court 1971 (WA)
Result:
Application granted
Category: B
Representation:
Counsel:
| Plaintiff | : | Mr C M Slater |
| Respondent | : | Mr T M Retallack |
Solicitors:
| Plaintiff | : | Hall & Wilcox (Perth) |
| Respondent | : | Lawfield Legal Practice |
Cases referred to in decision:
Active Property Marketing Services (Aust) Pty Ltd t/as Alpha Realty v Joelco Pty Ltd [2007] QSC 167
Bankstown City Council v Alamdo Holdings Pty Limited [2005] HCA 46; (2005) 223 CLR 660
Cardile v LED Builders Pty Ltd [1999] HCA 18; (1999) CLR 380
Crayshaw v Homfray (1820) 4 B & Ald 50
De Rucci International Pty Ltd v Zhu & Ors [2020] NSWSC 374
Fisher v Smith (1878) 4 App Cas 1
Harris v Digital Pulse Pty Ltd [2003] NSWCA 10; (2003) 56 NSWLR 298
Hill v Venning (1979) 4 ACLR 555,
Lawrence v Fen Tigers Ltd [2014] UKSC 13; [2014] AC 822
Mineralogy v Sino Iron Pty Ltd [2016] WASCA 105
Proctor v Bayley (1889) 42 Ch D 390
Re Clune; Ex parte verge v Isabella Nominees Pty Ltd (in liq) (1988) 14 ACLR 261
Sino Iron Pty Ltd v Mineralogy [No.2] [2017] WASCA 76
Twinside Pty Ltd v Venetian Nominees Pty Ltd [2008] WASC 110
FORRESTER J:
Background
On 13 July 2022, the plaintiff commenced proceedings against the defendant by filing a writ indorsed with a claim seeking:
An injunction to restrain the Defendant from dealing with certain of the Plaintiff's products (Products) presently located at 8 Sanderson Street, Pingrup WA 6343 and to require delivery up of the Products without which the Plaintiff will suffer damage and the absence of which will cause damage to the Products by reason of breaches by the Defendant of the agreement entitled 'Landmark Merchandise Partner/Fertiliser Deed Pingrup' dated 2011 and signed in about 2013 (Deed).
The writ also seeks damages for breach of the deed, damages for conversion or alternatively detinue by unlawful detention, and specific restitution.
The plaintiff filed an application on 13 July 2022 for urgent interlocutory orders.
The Notice of Motion sought orders in the following terms (among others):
(1) The Defendant be restrained and an injunction is hereby granted restraining it whether by itself, its officers, members, servants, agents or otherwise, until a date to be fixed from dealing with, touching, altering, moving affecting the Nutrien property set out in Schedule A (Products) at the property described as 8 Sanderson Street Pingrup WA 6343 (Premises) including but not limited to preventing the Plaintiff or its agents from entering…
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- AGLC
- Nutrien AG Solutions Ltd v Pingrup Traders Pty Ltd [2022] WASC 251
- Case
- [2022] WASC 251
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