Glenella One Pty Ltd v Duncan (No 4)

The matter of Glenella One Pty Ltd v Duncan (No 4) involved an application for the continuation of an ex parte injunction. The dispute centred on the appointment of a trustee, with Glenella One seeking to continue an injunction that had been granted ex parte to prevent Duncan from interfering with the appointment. The case was heard in the Federal Court of Australia. Glenella One argued that the continuation of the injunction was necessary to prevent irreparable harm, while Duncan contested the need for such a measure.

The primary legal issues the court had to resolve were whether the ex parte injunction should be continued and, if so, under what conditions. The court also had to determine whether costs associated with the application could be properly adjudicated at that stage or whether they should be reserved until the substantive dispute was resolved. The court considered the urgency and necessity of the injunction, the balance of convenience, and the principle that costs should not be awarded prematurely.

The court held that the circumstances warranted the continuation of the ex parte injunction, given the potential for significant harm if the injunction was not maintained. The court noted that the urgency and necessity for the injunction were compelling, and the balance of convenience favoured Glenella One. However, the court was unable to properly adjudicate the question of costs at that stage, as it depended on the outcome of the substantive dispute regarding the trustee's appointment. Consequently, the court decided to reserve the question of costs until the substantive matter was resolved.

The court granted the application for the continuation of the ex parte injunction, subject to certain conditions. The matter of costs was reserved, pending the resolution of the substantive dispute. This decision ensures that Glenella One can maintain the protective measures necessary to prevent interference with the trustee's appointment while preserving the rights of all parties regarding the costs associated with the application.