Harrison v McKay (No.2)

In *Harrison v McKay (No.2)*, the Supreme Court of New South Wales considered a dispute between the plaintiff, Harrison, and the defendant, McKay. The proceedings concerned an application for an interlocutory injunction to restrain the defendant from continuing certain alleged breaches of contract.

The primary legal issue before the Court was whether the plaintiff had established a sufficient likelihood of success in the main proceedings to warrant the grant of an interlocutory injunction. This involved an assessment of whether the defendant's actions constituted a breach of the contractual obligations owed to the plaintiff, and whether the plaintiff had a strong enough case to justify the extraordinary remedy of an injunction before a full trial.

Judge Street applied the principles governing the grant of interlocutory injunctions, which require the applicant to demonstrate 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 and the potential harm that would be suffered by each party depending on whether the injunction was granted or refused. The Court weighed the potential prejudice to the plaintiff if the injunction was not granted against the potential prejudice to the defendant if it was.

The Court ultimately granted the interlocutory injunction, finding that the plaintiff had established a sufficient likelihood of success and that the balance of convenience favoured the plaintiff. The injunction was granted to restrain the defendant from continuing the alleged breaches pending the final determination of the proceedings.