CMA Recycling Victoria Pty Ltd v Doubt Free Investments Pty Ltd (No 2)

The Supreme Court of Tasmania, sitting as an appellate court, considered an appeal by CMA Recycling Victoria Pty Ltd (the appellant) against Doubt Free Investments Pty Ltd (the respondent). The dispute concerned an interlocutory injunction previously granted to the respondent, which required the appellant to pay a significant sum as security for costs and as bond money. The appeal sought to have this injunction dissolved and the security and bond money refunded.

The primary legal issues before the Court were whether the interlocutory injunction should be dissolved, whether the appellant should be released from undertakings given to the court, and the appropriate orders regarding the refund of monies paid into court as security and bond. The Court also had to determine the costs of the appeal and the costs of the proceedings at first instance, including whether to depart from the prescribed scale for costs and whether to grant an indemnity certificate.

The Court reasoned that the interlocutory injunction should be dissolved, releasing the appellant from its undertakings. This decision was based on the appellant's success on appeal, leading to the conclusion that the injunction was no longer warranted. Consequently, the Court ordered the refund of the monies paid into court by the appellant as security for costs and as bond money. The Court further ordered that the respondent pay the appellant's costs of and incidental to the appeal and the costs of the proceedings at first instance to date. An indemnity certificate was granted to the respondent in respect of the appeal.