Eastern Well Service No 2 Pty Ltd v Campac (Aust) Pty Ltd

The applicant, Eastern Well Service No 2 Pty Ltd, engaged Campac (Aust) Pty Ltd to construct a mobile camp by 12 August 2010. Delays occurred, and the applicant sought an interlocutory injunction requiring the respondent to deliver up the mobile camp or any part of it that had been constructed, as well as any confidential information provided to the respondent in connection with the agreement. The court was tasked with deciding whether such an interlocutory injunction should be granted.

The legal issues centred around the applicant's right to enforce the terms of the contract, particularly regarding the delivery of the completed mobile camp and the return of confidential information. The court considered the balance of convenience and the likelihood of the applicant succeeding at the final hearing. The respondent argued that the applicant had not demonstrated a strong case on the merits and that the applicant had not shown that it would suffer irreparable harm without the injunction.

The court found that the applicant had not demonstrated a strong case on the merits of its claim. The applicant had not shown that it would suffer irreparable harm without the injunction. The court considered the balance of convenience and found that it did not favour the applicant. The court also noted that the applicant had not provided sufficient evidence to support its claim that the respondent had breached the agreement. Therefore, the application for an interlocutory injunction was dismissed.