Ex parte Aurelius: Re Worrall

The proceeding concerned an application by Aurelius for leave to appeal against a decision of the Supreme Court of New South Wales, which had refused to grant an interlocutory injunction. The underlying dispute involved allegations of misleading and deceptive conduct and breach of contract.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in refusing to grant the interlocutory injunction sought by Aurelius. This required the Court to consider the principles governing the grant of interlocutory injunctions, particularly the balance of convenience and the likelihood of success on the merits.

The Court of Appeal applied the well-established principles for interlocutory injunctions, including the need to assess whether there was a serious question to be tried and the balance of convenience. After considering the evidence and submissions, the Court found that the primary judge had not erred in their assessment of these principles and that the refusal of the injunction was appropriate in the circumstances.

The rule was accordingly discharged.