Greensill Capital Pty Ltd v BCC Trade Credit Pty Ltd

In the Federal Circuit and Family Court of Australia, Greensill Capital Pty Ltd sought an urgent after-hours application for an interlocutory mandatory injunction against BCC Trade Credit Pty Ltd. The plaintiffs sought to compel the defendant, an insurer, to issue a trade credit insurance policy. The dispute arose from the insurer's notice of its intention not to renew the policy, which expired at midnight. The plaintiffs argued that there was a serious question to be tried about whether the insurer was obliged to renew the policy, and that the balance of convenience favoured granting interlocutory relief.

The court had to determine whether there was a serious question to be tried regarding the insurer's obligation to renew the policy, and whether the balance of convenience favoured granting an interlocutory mandatory injunction. The court considered the serious consequences for the plaintiffs if the policies were not renewed, the fact that the insurer had not re-insured in relation to any renewal of the policy, and the delay in bringing the matter to court. The court concluded that there was a serious question to be tried and that the balance of convenience favoured granting the injunction.

The court granted the injunction, compelling the insurer to issue the trade credit insurance policy. The court found that the plaintiffs had established a serious question to be tried regarding the insurer's obligation to renew the policy, and that the balance of convenience favoured granting interlocutory relief. The court also noted that the delay in bringing the matter to court did not deprive it of jurisdiction to grant the injunction. The court ordered the insurer to issue the trade credit insurance policy to the plaintiffs.