Buffier v State Bank of NSW

Buffier v State Bank of NSW concerned a dispute between the plaintiff, Buffier, and the defendant, the State Bank of New South Wales. The matter came before Gleeson CJ in chambers.

The central legal issue before the court was whether the plaintiff had established a sufficient basis to justify the grant of an interlocutory injunction. Specifically, the court had to consider whether there was a serious question to be tried and whether the balance of convenience favoured the granting of such an injunction.

Gleeson CJ applied the well-established principles governing the grant of interlocutory injunctions. His Honour considered the evidence presented by both parties and assessed whether the plaintiff had demonstrated a real likelihood of success in the substantive proceedings or, at the very least, a serious question to be tried. Furthermore, the court weighed the potential harm to each party if the injunction were granted or refused, determining where the balance of convenience lay.

The court ordered that the application for an interlocutory injunction be dismissed.