Aushome Developments Pty Ltd v Ausline Group Pty Ltd

Aushome Developments Pty Ltd sought to vary an interlocutory injunction against Ausline Group Pty Ltd that had been previously granted. The injunction prevented Ausline from completing sales contracts to a third party. The contracts themselves were not disputed in the proceedings. The court had to determine whether the interlocutory injunction should be varied given that there was a seriously arguable case for final relief, but no final injunction to the same effect as the interlocutory injunction. Additionally, the third party had issued a notice to complete, and the court needed to consider how preservation of the proceeds of the sales would protect Aushome's position.

The court examined the nature of interlocutory injunctions and the principle that they should not be granted unless there is a serious question to be tried. It noted that while there was a seriously arguable case for final relief, the circumstances did not justify a final injunction that would be identical to the interlocutory injunction. The court also considered the effect of the third party's notice to complete and concluded that preserving the proceeds of the sales would adequately protect Aushome's position. This preservation would ensure that Aushome would not suffer an irreparable loss if the final outcome was in its favour.

After weighing the factors, the court found that varying the interlocutory injunction was not appropriate in these circumstances. It ruled that preserving the proceeds of the sales would sufficiently protect Aushome's interests and prevent any potential loss. The court maintained the interlocutory injunction as it stood, with the condition that the proceeds of the sales would be preserved until the final determination of the proceedings. This decision balanced the need for interim relief with the protection of the third party's rights and interests.