Petrovsky v Southern Adelaide Local Health Network Incorporated (No 2) [2024] FCA 1141

Petrovsky v Southern Adelaide Local Health Network Incorporated (No 2) [2024] FCA 1141

The application for leave to appeal was dismissed because the applicants failed to establish any credible basis that the primary judge's discretion miscarried or that the decision was attended by sufficient doubt to warrant reconsideration on appeal. The conclusions of the primary judge regarding the absence of a prima facie case, the balance of convenience, and adequacy of damages were open and correct on the evidence, and there was no error of principle or process that would justify a grant of leave.

Parties
First Applicant: Nikolai Petrovsky; Second Applicant: Vaxine Pty Ltd; First Respondent: Southern Adelaide Local Health Network Incorporated; Second Respondent: Flinders University
Jurisdiction
Australia
Judgment Date
01 October 2024
Procedural Posture
Application for Leave to Appeal Interlocutory Judgment / Application for Leave to Appeal From Interlocutory Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Interlocutory Orders, Interim Injunctions, Judicial Discretion, Costs
Practice and Procedure Leave to Appeal Interlocutory Orders Interim Injunctions Judicial Discretion Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Nikolai Petrovsky

First Applicant

Vaxine Pty Ltd

Second Applicant

Southern Adelaide Local Health Network Incorporated

First Respondent

Flinders University

Second Respondent

Procedural Posture

Application for Leave to Appeal Interlocutory Judgment / Application for Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 Whether the primary judge erred in refusing interlocutory injunctive relief
  2. 2 Whether sufficient doubt attended the primary judgment to warrant reconsideration
  3. 3 Whether refusal of leave to appeal would result in substantial injustice

Ratio Decidendi

The application for leave to appeal was dismissed because the applicants failed to establish any credible basis that the primary judge's discretion miscarried or that the decision was attended by sufficient doubt to warrant reconsideration on appeal. The conclusions of the primary judge regarding the absence of a prima facie case, the balance of convenience, and adequacy of damages were open and correct on the evidence, and there was no error of principle or process that would justify a grant of leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal be dismissed.
  • The applicants pay the respondents' costs of the application (excluding the costs of the interlocutory application made herein on 8 May 2024), to be assessed in default of agreement in accordance with the court's Costs Practice Note (GPN-COSTS).