Ozton Pty Ltd v Cromwell Seven Hills Pty Ltd as trustee for the Cromwell Northpoint Trust

[2016] NSWSC 1339

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › interlocutory injunction
3. › serious question to be tried
4. › whether contract excludes right to set-off in equity
5. › whether defendant is entitled to call upon the guarantee for non-payment of rent by payment
6. › where plaintiff claims that there is a right to set-off for breach of the covenant of quiet enjoyment
1. Equity
2. › interlocutory injunction
3. › balance of convenience
4. › whether damages are an adequate remedy
5. › whether there is a real risk that defendant cannot meet a claim for damages