Bass, Conca & Woodlands v Permanent Trustee Co

Bass, Conca & Woodlands (the plaintiffs) sought an interlocutory injunction against Permanent Trustee Co (the defendant) to restrain the defendant from proceeding with a sale of certain land. The plaintiffs claimed that they had a proprietary interest in the land, which they alleged the defendant was attempting to sell in breach of an agreement. The matter came before Brennan CJ in chambers.

The central legal issue before the court was whether the plaintiffs had established a sufficient likelihood of success in their claim to warrant the grant of an interlocutory injunction. This required the court to consider the nature of the plaintiffs' alleged proprietary interest and whether the defendant's proposed sale would constitute a breach of any agreement or equitable obligation owed to the plaintiffs.

Brennan CJ considered the evidence presented by both parties regarding the alleged agreement and the plaintiffs' claimed proprietary interest. His Honour applied the principles governing the grant of interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that the balance of convenience favours the granting of the injunction. The Chief Justice found that the plaintiffs had not established a sufficient likelihood of success to justify the extraordinary remedy of an interlocutory injunction at that stage of the proceedings.

Consequently, Brennan CJ dismissed the application for an interlocutory injunction.