Boral Limited v Elam Aghili

Boral Limited appealed to the Supreme Court of the Australian Capital Territory against an order made by Refshauge J. The dispute concerned an interim preservation order sought by the respondent, Elam Aghili, to restrain Boral Limited from dealing with certain land located at 8 Somers Crescent, Forrest, Australian Capital Territory.

The central legal issue before the Court was whether to grant an interim injunction to preserve the property. This involved considering the usual principles for the grant of interlocutory relief, including whether there was a serious question to be tried, the balance of convenience, and the adequacy of damages as a remedy. The Court also had to determine the appropriate terms of any such injunction, particularly regarding undertakings as to damages.

Refshauge J granted the interim preservation order upon Boral Limited giving an undertaking as to damages in the usual terms. This meant that Boral Limited was restrained from selling, mortgaging, encumbering, or otherwise dealing with the specified land. The order was to be served on Premier Capital Properties within two days. The question of costs was reserved, and the parties were granted liberty to apply on two days' notice.