Recent Cases

Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (stay application) [2024] NSWCA 179 (26 July 2024) (Kirk and Stern JJA, Basten AJA)


Catchwords:


CIVIL PROCEDURE – appeal – interlocutory injunction – extension of order granted pending hearing of appeal – owner of property in default under loan agreement – receiver and manager appointed by lenders – proceeds of sales of secured property and rental income held by receiver and manager – application by owner to prohibit payment to lenders pending outcome of challenge to loan agreement