Coshott v B and W Windows Pty Ltd

In this case, the applicant sought an interlocutory injunction to prevent the respondent from enforcing a judgment against them. The applicant contended that the judgment was obtained through fraud or misrepresentation. The applicant also sought a claim for restitution and damages based on an alleged breach of contract by the respondent. The matter was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the applicant's affidavits were received in evidence, whether the affidavits were sufficient to establish the alleged fraud or misrepresentation, and whether the applicant's claim for restitution and damages was properly pleaded and supported by evidence. The court had to determine whether the applicant's claim was meritorious and whether an interlocutory injunction should be granted.

The court held that the applicant's affidavits were not received in evidence as they were not filed and served in accordance with the rules of court. The court also found that the affidavits did not establish the alleged fraud or misrepresentation. The court noted that the applicant had failed to deal with the respondent's alternative claim for payment of a debt. The court held that the applicant's claim for restitution and damages was not properly pleaded and was not supported by evidence. The court dismissed the application and ordered the applicant to pay the respondent's costs.

The court did not make any orders regarding the interlocutory injunction as the applicant's claim was dismissed. The court found that the respondent was entitled to enforce the judgment against the applicant. The court also noted that the applicant had not demonstrated any likelihood of success on the merits of their claim. The court held that the respondent was not required to provide any undertakings or security for costs in relation to the interlocutory injunction application.