Haydon v Chivell

Case

[1999] HCA 39

20 August 1999


Details
AGLC Case Decision Date
Haydon v Chivell [1999] HCA 39 [1999] HCA 39 20 August 1999

CaseChat Overview and Summary

Gaudron J of the High Court of Australia considered an application for interim injunctions. The applicants, Haydon and others, sought these injunctions pending an application for special leave to appeal from orders made by the Full Court of the Supreme Court of South Australia on 10 August 1999. The respondent was Chivell.

The central legal issue before Gaudron J was whether the applicants had established a sufficient likelihood of success on their proposed appeal to warrant the grant of interim injunctions. This involved assessing whether the applicants had demonstrated a strong case for special leave to appeal, which in turn required consideration of whether the Full Court's decision contained an error of law or principle.

Gaudron J dismissed the application for interim injunctions. Her Honour concluded that the applicants had not demonstrated a sufficient likelihood of success on their proposed appeal to justify the grant of the extraordinary remedy of an interim injunction. Consequently, the application for interim injunctions was refused.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Appeal

  • Jurisdiction

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Cases Citing This Decision

20

Smith v ANL Ltd [2000] HCA 58
Cheng v The Queen [2000] HCA 53
Cases Cited

17

Statutory Material Cited

0

Tait v The Queen [1962] HCA 57