Oliver Hume Property Funds (Hackham) Pty Ltd v Yas Property and Development Pty Ltd & Ors [2026] SASCA 78 — Equitable Remedies & Torrens Title — Barrister AI
Oliver Hume Property Funds (Hackham) Pty Ltd v Yas Property and Development Pty Ltd & Ors
[2026] SASCA 78
Supreme Court of South Australia - Court of Appeal
› Balance of convenience in complex commercial disputes
Equity
› Equitable remedies
› Injunctions
› Restraint of breach of contract
› Negative stipulations and adequacy of damages
Real property
› Torrens title
› Mortgages
› Interlocutory removal from title upon substituted security
Real property
› Torrens title
› Caveats against dealings
› Removal upon substituted security
Quick Take
1Where a declaration that a contract remains on foot may be of doubtful utility without more, the strength of the prima facie case for interlocutory injunction purposes should be assessed by reference to the prospects of obtaining permanent negative injunctive relief (not merely declaratory relief), which attracts consideration of whether damages are an adequate remedy — relevant to both the strength of the claim and the balance of convenience.
2The prospect of ongoing disputation between parties at loggerheads, even where the contract contains dispute resolution mechanisms and confers unilateral powers on one party, is a legitimate consideration in the balance of convenience and does not offend the principle in Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1, provided the concern is grounded in practical commercial assessment rather than an outdated objection to 'constant supervision'.
3On an interlocutory application for removal of registered mortgages upon substituted security, the court may adopt a reasonable or commercial estimate of the secured liability rather than requiring payment of the full claimed amount; the ultimate issue is where the interests of justice lie, and the court has a broad discretion to fashion orders achieving adequate protection and an appropriate balance.
