Qasim v PF 473 Pty Ltd

Shaheen Qasim (the appellant) sought an interlocutory injunction from the Court of Appeal to restrain PF 473 Pty Ltd (the respondent) from taking possession of properties located at 3/5 and 4/5 William Street, Randwick, NSW. The application was made in the context of an appeal concerning a stay of orders made by the Supreme Court.

The primary legal issue before the Court of Appeal was whether to grant an interlocutory injunction to preserve the status quo pending the determination of the appellant's application for a stay of the Supreme Court's orders. This involved assessing the usual requirements for interlocutory injunctive relief, including whether there was a serious question to be tried and where the balance of convenience lay.

Kirk JA granted the injunction, ordering that the respondent be restrained from taking possession of the properties until 4pm on Tuesday, 15 October 2024, provided the appellant gave the usual undertaking as to damages. This interim measure was designed to allow the Court of Appeal to hear the appellant's application for a stay of the Supreme Court's orders on Monday, 14 October 2024. The costs associated with the interlocutory injunction application were to be costs in the cause.