ADI v Aerospace Systems Management [2003] NSWSC 758

ADI v Aerospace Systems Management [2003] NSWSC 758

The order sought would have no practical utility since it would only oblige ASM to present itself for work on one day without assurance of performance thereafter. The Court will not grant an interlocutory injunction in a contract of personal service where it would serve no useful purpose.

Parties
Plaintiff: ADI Ltd; Defendant: Aerospace Systems Management Pty Ltd
Jurisdiction
Australia
Judgment Date
18 July 2003
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (interim) Application, Refusal of Injunction
Outcome
Interlocutory injunction refused
Legal Topics
Interlocutory Injunction, Mandatory Injunction, Contract of Personal Services, Continual Superintendence
Equity Interlocutory Injunction Mandatory Injunction Contract of Personal Services Continual Superintendence

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Parties

ADI Ltd

Plaintiff

Aerospace Systems Management Pty Ltd

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (interim) Application, Refusal of Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory mandatory injunction requiring the defendant to commence provision of training services under a contract of personal services
  2. 2 Whether the balance of convenience and practical utility justify the grant of the injunction

Ratio Decidendi

The order sought would have no practical utility since it would only oblige ASM to present itself for work on one day without assurance of performance thereafter. The Court will not grant an interlocutory injunction in a contract of personal service where it would serve no useful purpose.

Court Disposition

Interlocutory injunction refused

Orders

  • Application for interlocutory relief dismissed.
  • Costs of the application to be costs in the proceeding.