Freight & Logistic Services Pty Ltd v Pogroske & Anor

Freight & Logistic Services Pty Ltd sought an interlocutory injunction against Pogroske and another to prevent the defendants from enforcing a contract on the basis that the contract was formed due to a unilateral mistake. The matter was heard in the Australian Capital Territory Civil and Administrative Tribunal. The primary issue before the tribunal was whether the applicant was entitled to an interlocutory injunction to prevent enforcement of the contract. A secondary issue was whether a mandatory injunction would amount to final relief.

The tribunal considered that the applicant had demonstrated a serious question to be tried and that there was a real prospect that the contract would be found to be voidable. However, the tribunal held that a mandatory injunction, which would prevent the defendants from enforcing the contract, was tantamount to final relief and could not be granted interlocutory. The tribunal found that an interlocutory injunction that required the defendants to refrain from enforcing the contract until the trial would be sufficient. The tribunal dismissed the application for a mandatory injunction and granted an interlocutory injunction that restrained the defendants from enforcing the contract until the trial.