Colling v Labrosse & Anor (CS 206/2000) [2001] SCSC 15 (13 June 2001)

Colling v Labrosse & Anor (CS 206/2000) [2001] SCSC 15 (13 June 2001)

The factual circumstances that justified the ex parte interim injunction have changed; the Plaintiff is no longer a minor, the alleged threat has passed, and the injunction is no longer required. Equity has served its purpose, and the injunction should be vacated.

Citation
[2001] SCSC 15
Parties
Plaintiff: Colling; Defendants: Labrosse & Or
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 June 2001
Case Number
CS 206/2000
Procedural Posture
Civil / Ruling on Motion to Vacate Interim Injunction
Outcome
Interim ex parte injunction vacated
Legal Topics
Interim Injunctions, Equitable Remedies, Jurisdiction, Appeals
Source Language
English
Civil Procedure Equity Interim Injunctions Equitable Remedies Jurisdiction Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Colling

Plaintiff

Labrosse & Or

Defendants

Procedural Posture

Civil / Ruling on Motion to Vacate Interim Injunction

Legal Issues

  1. 1 Whether the interim ex parte injunction should be vacated due to change in circumstances
  2. 2 Whether the court has jurisdiction to review its own order on alleged errors of law

Ratio Decidendi

The factual circumstances that justified the ex parte interim injunction have changed; the Plaintiff is no longer a minor, the alleged threat has passed, and the injunction is no longer required. Equity has served its purpose, and the injunction should be vacated.

Court Disposition

Interim ex parte injunction vacated

Orders

  • The ex parte interim injunction granted on 18 September 2000 is vacated.