Ansell v Roads Corporation Trading as VicRoads [2008] FCA 294

Applicants demonstrated a serious question to be tried and sufficient likelihood of success to justify an interlocutory injunction; balance of convenience favoured the applicants due to potential diminution in value of the Heritage Plates if the injunction were not granted, and applicants' undertakings as to damages further supported granting the injunction.

Jurisdiction: Australia
Judgment Date: 05 March 2008
Procedural Posture: Interlocutory Application / Application for Interlocutory Injunction
Outcome: Interlocutory injunction granted
Legal Topics: ['interlocutory Injunctions' 'jurisdiction Under Trade Practices Act' 'contractual Representations' 'estoppel' 'balance of Convenience']

['practice and Procedure' 'trade Practices' 'contract Law'] ['interlocutory Injunctions' 'jurisdiction Under Trade Practices Act' 'contractual Representations' 'estoppel' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

1 ['Whether interlocutory injunction restraining the respondent from offering V-Series number plates for sale should be granted' 'Whether the applicants established a serious question to be tried' 'Whether balance of convenience favours preservation of the status quo' 'Whether the Court has jurisdiction under the Trade Practices Act 1974 (Cth)' 'Whether undertakings as to damages are sufficient']

Ratio Decidendi

Court Disposition

Interlocutory injunction granted

Orders

['The respondent is restrained from offering the V-Series number plates for sale until trial or further order.' 'Costs of the day are reserved.']