Thommy & C Consulting Pty Ltd

Case

[2009] FamCA 945

2 October 2009


Details
AGLC Case Decision Date
Thommy & C Consulting Pty Ltd [2009] FamCA 945 [2009] FamCA 945 2 October 2009

CaseChat Overview and Summary

In *Thommy & C Consulting Pty Ltd*, heard before Cohen J, the applicant sought an interlocutory injunction against the first respondent, C Consulting Pty Limited, to restrain it from seeking possession of or evicting the applicant from the property at No 6 T Street, NSW. The second respondent was also subject to the proposed restraint.

The central legal issue before the Court was whether the applicant had established a sufficient case for the grant of an interlocutory injunction. This required the Court to consider the usual principles governing the grant of such relief, including whether there was a serious question to be tried and whether the balance of convenience favoured the granting of the injunction.

Cohen J ordered that the second respondent be restrained from seeking possession of or evicting the applicant from the property, provided the applicant filed an undertaking to the Court in the usual form to pay to the first respondent such damages as it might suffer as a consequence of this order. Costs were reserved.
Details

Areas of Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Injunction

  • Costs

  • Damages

  • Reliance

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

0

Radaich v Smith [1959] HCA 45
Radaich v Smith [1959] HCA 45