Li v Green Land Investment Ltd

The third defendant, Zhong Xing, applied to the court to vary an interim injunction that had been put in place to prevent the Registrar-General of Land from registering certain instruments and to restrain certain parties from exercising any power of sale under specific mortgages. The injunction was initially made in relation to several identified lots and had been varied twice since then. The application was heard on the papers as the defendant was unable to attend due to illness. The plaintiffs opposed the application, and the eighth defendant supported it to an extent. The court considered the application and found that there was insufficient evidence to support the defendant's argument that a Property Law Act (PLA) notice had been served and had expired unremedied. The court further found that the practical position was that Green Land and the defendant remained bound by the agreements with the plaintiffs pending any stay of the judgment. The court concluded that it would not be minded to exercise its discretion to lift the injunction to enable the defendant to exercise the powers of sale under the ANZ mortgage. The application to vary the injunction was dismissed, and the plaintiffs were awarded costs on a 2B basis plus disbursements.