Allied Express Pty Ltd v Amalgamated Transport Services Pty Ltd & Ors [1995] FCA 312
The balance of convenience does not favour the applicant, as granting the injunction would cause significant disruption and there is insufficient evidence of irremediable damage or a reasonable prospect of success for the applicant.
- Jurisdiction
- Australia
- Judgment Date
- 28 April 1995
- Procedural Posture
- Application for Interlocutory Injunction / Interlocutory
- Outcome
- Interlocutory injunction refused.
- Legal Topics
- ['interlocutory Injunction' 'balance of Convenience']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Legal Issues
- 1 ['Whether an interlocutory injunction should be granted to prevent a contract coming into effect.']
Ratio Decidendi
The balance of convenience does not favour the applicant, as granting the injunction would cause significant disruption and there is insufficient evidence of irremediable damage or a reasonable prospect of success for the applicant.
Court Disposition
Interlocutory injunction refused.
Orders
- ['Application for interlocutory injunction refused.' 'All questions of costs reserved.']
Full Case Text
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