Written by In the recent case of Natural & Great Pty Ltd v Lane Cove Business Park Pty Ltd [2022] NSWSC 274 Land Cove Business Park Pty Ltd successfully discharged an ex parte interlocutory injunction, made against them in absence of disclosure of material facts to the duty judge.
Lane Cove Business Park owned a premises with a commercial kitchen facility upon which Natural & Great Pty Ltd carried out a business involving the supply of ready-made meals. Natural & Great had obtained an ex parte injunction against Lane Cove Business Park on the basis that they consented to certain works at the premises and collected rent for almost four years with knowledge of those matters.
The Court found that Lane Cove Business Park was not aware that there was an occupation certificate in respect of the premises by the time certain works were completed at the premise, and the non-disclosure of material facts warranted the discharge of the injunction. The Court highlighted the high standard of candour required of parties who seek ex parte obligations, which requires parties seeking these actions to disclose all matters within their knowledge to the Court. This is particularly necessary for duty judge applications where there may be insufficient time to review affidavits and documentary evidence in detail. Ultimately, the Court set aside the order, and the respondent was ordered to pay the applicants costs.