Amalgamated Television Services v Marsden

Amalgamated Television Services Pty Ltd (the applicant) sought leave to appeal from an order made by the primary judge. The respondent, Marsden, had obtained an interlocutory injunction against the applicant. The applicant sought to appeal this injunction, but the court considered whether to grant leave to appeal and, if so, on what conditions.

The primary legal issue before the Court of Appeal was whether to grant the applicant leave to appeal the interlocutory injunction. A further issue arose concerning the conditions upon which such leave might be granted, specifically whether a stay of the injunction should be ordered and, if so, what undertakings would be required from the applicant to secure the respondent's position should the appeal be successful.

The Court of Appeal, comprising Mason P, Meagher and Handley JJA, considered the principles governing the grant of leave to appeal interlocutory decisions. The court determined that leave to appeal should be granted, but it would be subject to certain conditions. These conditions were designed to protect the respondent's interests in the event that the appeal succeeded.

Leave to appeal was granted to the applicant, but it was made conditional upon the applicant providing an undertaking from its solicitor to repay any moneys paid by the applicant to the respondent pursuant to the interlocutory injunction, should the appeal be successful.