Bloomfield and Grainger and Anor (No 3)

The proceeding involved an application by the Applicant, Ms Bloomfield, against the First Respondent, Mr Grainger, and an unnamed Second Respondent. The core of the dispute concerned an application for interlocutory relief, specifically an order restraining Mr Grainger from dealing with or further encumbering a property registered in his name at T Street, Suburb B, Queensland. The application was heard by Hogan J.

The primary legal issue before the court was whether to grant an interlocutory injunction to restrain Mr Grainger from dealing with the specified real property. This involved considering the undertaking as to damages offered by the Applicant, which is a standard requirement for such relief. The court also had to determine whether to grant the Applicant leave to amend her Statement of Claim.

Hogan J granted the interlocutory injunction upon the usual undertaking as to damages. The court reasoned that this restraint was necessary to preserve the status quo pending the final determination of the proceedings. Furthermore, the court granted the Applicant leave to amend her Statement of Claim to include a specific phrase relating to the trustee of Mr Grainger's bankrupt estate. The costs of the interlocutory application were reserved to the trial judge, with a mechanism provided for parties to elect to pursue costs applications before trial.