Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd

[2021] NSWSC 24

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Torts
2. › interference with goods
3. › conversion
4. › co-location of refinery plant
5. › owner contractually entitled to remove plant
6. › whether interference by operator with owner’s contractors would amount to conversion of plant
1. Equity
2. › equitable remedies
3. › injunction
4. › trespass
5. › co-location of refinery plant
6. › plant abandoned on land by owner after termination of contract
7. › whether abandonment effective
8. › whether damages an adequate remedy
9. › mandatory injunction for removal
1. Guarantee and Indemnity
2. › discharge of guarantor -
3. › variation increasing principal’s liability to creditor
4. › whether surety consented
5. › whether creditor breached record-keeping duties and obligation to co-operate with principal
6. › whether surety discharged by such breaches
1. Evidence
2. › character evidence
3. › tendency rule
4. › application of rule to corporate entity
5. › probative value