Garnock v Black

In *Garnock v Black*, the appellants sought an interlocutory injunction from the Court of Appeal of New South Wales to restrain the respondents from executing a registered writ for levy on property. The dispute concerned the preservation of land, specifically parcels identified by folio numbers 2/594272, 109/658087, and 110/658088, known as "Wanaka" near Bombala, New South Wales, pending the determination of an appeal.

The primary legal issue before the Court of Appeal was whether to grant the interlocutory injunction sought by the appellants. This required the court to consider the purpose and nature of such applications, particularly in the context of preserving the subject matter of litigation. The court also had to assess where the balance of convenience lay, weighing the potential prejudice to either party from granting or refusing the injunction, and whether any undertaking as to damages beyond the usual would be required.

Basten JA, applying established principles for interlocutory relief, considered the need to preserve the status quo pending the final determination of the appeal. The court determined that the grant of the injunction was warranted, subject to the appellants providing the usual undertaking as to damages in accordance with rule 25.8 of the Uniform Civil Procedures Rules 2005. The court also ordered that the costs of the application be the appellants' costs in the appeal and expedited the hearing of the appeal.