Australia Pacific LNG P/L v Queensland Gas Company Ltd & Anor

Australia Pacific LNG P/L sought an interim injunction against Queensland Gas Company Ltd and another, following a meeting notice that did not meet the requirements of their Joint Operating Agreement. The dispute arose from the company's failure to provide adequate notice for a meeting under the agreement, which could lead to the adoption of a proposal not necessarily resulting in a development operation. The central legal issues revolved around whether the balance of convenience test was satisfied, considering the serious question to be tried and the adequacy of damages as a remedy.

The court examined the organising principles of justice and convenience to determine if the balance of convenience test was met. The applicant argued that the notice requirement was crucial to protect their rights under the joint operating agreement and to prevent potential harm from the adoption of a proposal without adequate consideration. However, the court found that the applicant had not demonstrated that the balance of convenience favoured the grant of an injunction. The court further held that the applicant's fiduciary duties did not warrant an immediate injunction and that damages would be an adequate remedy.

The court dismissed the application, concluding that the applicant had not satisfied the necessary criteria for an interim injunction. The serious question to be tried did not outweigh the principles of justice and convenience in favour of the applicant. The court found that damages would adequately compensate the applicant if their rights were ultimately infringed upon by the proposed meeting.