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The applicant failed to demonstrate irreparable loss he would suffer if the injunction was not granted; only the existence of a prima facie case was established, thus the application does not meet all required conditions for a temporary injunction.
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The applicant established all three conditions for grant of a temporary injunction: there is a serious triable issue regarding ownership and tenancy of the suit premises; the applicant stands to suffer irreparable loss, including loss of business and developments, if the injunction is not granted; and the balance of convenience favors the applicant as the loss to the applicant outweighs any inconvenience to the respondents. The defect in the respondents' counter affidavit is curable and not fatal.
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The High Court granted a temporary injunction stopping auction of disputed land, finding serious ownership issues, possible irreparable loss, and balance of convenience in the applicant’s favor.
Applicants complied with all procedural requirements, demonstrated risk of substantial loss and irreparable injury, and undertook to provide security; therefore, stay of execution is granted pending appeal.
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The applicant failed to demonstrate irreparable injury or that the balance of convenience favored him, as the property was vacant and any loss could be compensated by damages. The existence of a bona fide purchaser for value further weighed against granting the injunction. Only the prima facie case was established, but the cumulative conditions for a temporary injunction were not met.
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The applicant established a prima facie case regarding ownership of the disputed land, demonstrated potential for irreparable harm if dispossessed before expiry of statutory notice, and the balance of convenience favored maintaining the status quo. Therefore, the conditions for a temporary injunction were met.
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All three conditions for granting a temporary injunction—existence of a triable issue, risk of irreparable injury, and balance of convenience—were established by the applicants. The dispute over the legality of the intended auction and the absence of a signed loan facility agreement constitute a serious issue to be tried. The potential auction of the applicants' residential home before determination of the main suit would cause irreparable injury not adequately compensable by damages. The balance of convenience favors the applicants, as the respondent can recover the debt if successful in the…
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The High Court dismissed an application for interim injunction, finding no prima facie case, irreparable harm, or favourable balance of convenience.
The applicant established a prima facie case as there are triable issues regarding compliance with statutory procedures for sale of mortgaged property and the effect on the applicant's business. The court found that failure to grant the injunction would likely cause irreparable loss to the applicant, including business collapse, which cannot be adequately compensated by damages. The balance of convenience favors the applicant, as he stands to suffer greater hardship than the respondents if the injunction is withheld. All three conditions for granting a temporary injunction were satisfied.
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The High Court granted a six-month temporary injunction to preserve disputed apartments and shops pending the main land suit, finding a triable issue, irreparable harm, and balance of convenience.
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