AA Shi Pty Ltd v Avbar Pty Ltd (No 3)

In the matter of AA Shi Pty Ltd v Avbar Pty Ltd (No 3), the Federal Court of Australia granted an interlocutory injunction against the respondents, Avbar Pty Ltd and Nir Investments Pty Ltd, from entering certain properties and implementing termination notices of agreements with the applicant, AA Shi Pty Ltd. The applicant sought relief in the form of an injunction to prevent the respondents from entering the properties or acting upon the termination notices. Collier J granted the injunction and ordered that the costs of the application be reserved for determination at a later stage in the proceedings. The court considered the principles established in Australian Broadcasting Corporation v O’Neill and found that there were serious questions to be tried and that the balance of convenience favoured the applicant. The court also noted that the respondents had raised a valid dispute regarding the interlocutory relief sought by the applicant, and therefore, it was appropriate to reserve the costs order until the substantive issues in the matter were determined. The court acknowledged that it would have a more complete understanding of the matter and where costs should lie across the proceeding when the substantive issues were determined.