Gale v SUEZ Recycling & Recovery Pty Ltd

In *Gale v SUEZ Recycling & Recovery Pty Ltd*, the applicant, Ms Gale, sought to bring proceedings against the respondent, SUEZ Recycling & Recovery Pty Ltd, for alleged breaches of contract and misleading and deceptive conduct. The matter came before Jarrett J of the Supreme Court of New South Wales.

The primary legal issue before the Court was whether Ms Gale had established a *prima facie* case for the grant of an interlocutory injunction. Specifically, the Court was required to consider whether Ms Gale had demonstrated a sufficient likelihood of success in her substantive claims and whether the balance of convenience favoured the grant of the injunction.

Jarrett J applied the well-established principles for the grant of interlocutory injunctions, which require the applicant to show a serious question to be tried and that the balance of convenience favours the granting of the injunction. His Honour considered the evidence presented by both parties regarding the alleged breaches of contract and misleading conduct. The Court found that Ms Gale had not demonstrated a sufficient likelihood of success on the merits of her claims to warrant the grant of an interlocutory injunction. The balance of convenience was also found to weigh against the grant of the injunction, as the potential prejudice to SUEZ outweighed the prejudice to Ms Gale.

Consequently, Jarrett J dismissed Ms Gale's application for an interlocutory injunction.