Aaronisle Pty Ltd v Thorpe

Aaronisle Pty Ltd applied for urgent injunctive relief against Andrew Cecil Thorpe, a solicitor, and the Registrar of Titles. The plaintiff claimed that Thorpe, in breach of his fiduciary duties, had failed to advise the plaintiff about a charge executed to secure payment of professional fees. The plaintiff also sought an order for Thorpe to account for all monies he had received and paid on the plaintiff's behalf, both for professional services and commercial activities. The court was required to decide whether the plaintiff's claim was serious enough to warrant interlocutory injunctive relief and whether damages would be an adequate remedy. The court found that the plaintiff had not demonstrated a high probability of success on the claim that Thorpe had breached his fiduciary duties regarding the charge. Additionally, the court found that there was a real dispute regarding whether Thorpe had already accounted for the Maylands project and legal fees, making a summary accounting inappropriate. The court also concluded that the balance of convenience did not favour granting the injunctive relief sought by the plaintiff. The application for injunctive relief was dismissed.