Price v Elder [2000] FCA 166

Price v Elder [2000] FCA 166

The Court was not satisfied that there was more than an insubstantial prospect of success in an application for leave to appeal, and since an undertaking had been proffered by the respondents, the applications for injunctions were dismissed.

Jurisdiction
Australia
Judgment Date
22 February 2000
Procedural Posture
Application for Interlocutory Injunction / Post Judgment Application Pending Special Leave to Appeal
Outcome
Application dismissed
Legal Topics
['injunctions' 'search Warrants' 'appeals and Special Leave' 'balance of Convenience']
['criminal Law' 'procedure'] ['injunctions' 'search Warrants' 'appeals and Special Leave' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Post Judgment Application Pending Special Leave to Appeal

Legal Issues

  1. 1 ['Whether injunction restraining access to documents should be granted pending special leave application to the High Court' 'Whether there is a substantial or not insubstantial prospect of special leave to appeal being granted' 'Where the balance of convenience lies']

Ratio Decidendi

The Court was not satisfied that there was more than an insubstantial prospect of success in an application for leave to appeal, and since an undertaking had been proffered by the respondents, the applications for injunctions were dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.' 'The costs of this application follow the event of any application for special leave made by the present appellant to the High Court of Australia.']