CIVIL PROCEDURE: Injunctions

3 cases · October 2024 to June 2026

Case Volume by Year

1
24
1
25
1
26
2024–2026

Key Issues & Sub-Topics

Interlocutory mandatory injunction — Ex parte application — Application seeking delivery of possession of management office, corporate assets, electronic accounts and passwords — Whether interlocutory order would grant substance of final relief — Whether applicant established exceptionally strong and clear case — Whether court possessed high degree of assurance that similar relief would be granted at trial — Whether appropriate to grant mandatory injunction without notice — Rules of Court 2012 O 29 — Specific Relief Act 1950 ss 50, 51 & 53. 1 Ex parte injunction — Duty of full and frank disclosure — Disclosure of adverse matters including unstayed tribunal award, pending judicial review proceedings and related court proceedings — Whether duty of disclosure discharged — Effect of compliance with disclosure obligation on merits of application. 1 Balance of convenience — Adequacy of damages — Preservation of status quo — Rival claims to control of management corporation — Existing possession of management office by respondents — Whether balance of convenience favoured disturbance of existing state of affairs pending trial. 1 Fortuna injunction — Requirements for injunctive relief — Bona fide dispute — Nature of disputed debt — Alternative remedies — Availability of other enforcement methods — Whether creditor must exhaust alternative remedies — Whether potential damage to commercial reputation constitutes special circumstances — Service requirements — Strict vs substantial compliance — Effect of technical defects in service — Proportionality of consequences — Balance of convenience 1 Fortuna injunction — Interim and permanent injunctions — Application for injunctive relief pending appeal — Whether court should grant injunction where judgment debt affirmed on appeal — Whether filing of leave to appeal creates genuine dispute over judgment debt 1

Interlocutory mandatory injunction — Ex parte application — Application seeking delivery of possession of management office, corporate assets, electronic accounts and passwords — Whether interlocutory order would grant substance of final relief — Whether applicant established exceptionally strong and clear case — Whether court possessed high degree of assurance that similar relief would be granted at trial — Whether appropriate to grant mandatory injunction without notice — Rules of Court 2012 O 29 — Specific Relief Act 1950 ss 50, 51 & 53. 1 case

Balance of convenience — Adequacy of damages — Preservation of status quo — Rival claims to control of management corporation — Existing possession of management office by respondents — Whether balance of convenience favoured disturbance of existing state of affairs pending trial. 1 case

Fortuna injunction — Requirements for injunctive relief — Bona fide dispute — Nature of disputed debt — Alternative remedies — Availability of other enforcement methods — Whether creditor must exhaust alternative remedies — Whether potential damage to commercial reputation constitutes special circumstances — Service requirements — Strict vs substantial compliance — Effect of technical defects in service — Proportionality of consequences — Balance of convenience 1 case

Fortuna injunction — Interim and permanent injunctions — Application for injunctive relief pending appeal — Whether court should grant injunction where judgment debt affirmed on appeal — Whether filing of leave to appeal creates genuine dispute over judgment debt 1 case

Key Statutes

cited in 2 cases
cited in 1 case
cited in 1 case
Companies Act
cited in 1 case

Court Distribution

Key People & Firms

Cases