Yousseff El Bayeh v Samir Bayeh

In the case of Yousseff El Bayeh v Samir Bayeh, the plaintiff sought interlocutory relief to prevent the defendant from selling a property before the substantive proceedings were finalised. The dispute arose from a family trust that held the property in question, with the plaintiff alleging that the defendant had no right to sell the property without his consent. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether the plaintiff had established a prima facie case that he had a beneficial interest in the property, and whether the balance of convenience favoured granting the interlocutory relief sought. The court had to determine if the plaintiff's equity in the property was sufficient to warrant the issuance of an interlocutory injunction.

The court found that the plaintiff had demonstrated a prima facie case for a beneficial interest in the property, based on the evidence presented regarding the terms of the family trust and the contributions made by the parties. The court also considered the balance of convenience and determined that it favoured granting the interlocutory relief to prevent the sale of the property. The potential loss to the plaintiff if the property was sold without his consent outweighed the detriment to the defendant if the sale was prevented. As a result, the court issued an interlocutory injunction restraining the defendant from selling the property until the substantive proceedings were finalised.

The court ordered that the defendant be restrained from disposing of the property until further order of the court. The substantive proceedings were to continue to determine the parties' respective interests in the property.