Chan v Chen

The case of Chan v Chen involved the plaintiff, Chan, seeking an interlocutory mandatory injunction against the defendants, Chen, who were in possession of property claimed by Chan. The dispute arose from a disagreement over an agreement and the ownership of the property. The matter was heard in the Supreme Court of New South Wales.

The legal issues the court had to determine included whether Chan had a sufficient interest or entitlement to the property, and if so, whether the balance of convenience favoured granting an injunction. A significant consideration was whether the defendants were likely to gain possession of the property even if they were successful at trial. The court also had to assess whether granting the injunction would cause undue hardship to the defendants.

In its decision, the court found that Chan had a sufficient interest in the property and that the balance of convenience favoured granting the injunction. The court determined that the defendants were likely to remain in possession of the property regardless of the outcome at trial, and that the granting of the injunction would not cause undue hardship to the defendants. Consequently, the court granted the injunction, ordering the defendants to vacate the property and return it to Chan.