HOLMES v Coon

In *Holmes v Coon*, the Supreme Court of New South Wales considered a dispute between the plaintiff, Holmes, and the defendant, Coon. The case concerned an application for an interlocutory injunction to restrain the defendant from proceeding with a sale of certain land.

The primary legal issue before the Court was whether the plaintiff had established a sufficient likelihood of success in establishing a resulting trust over the land in question, such that an interlocutory injunction ought to be granted to preserve the status quo pending a final determination of the substantive proceedings.

Justice Street, applying the principles governing the grant of interlocutory injunctions, found that the plaintiff had not demonstrated a strong enough prima facie case to warrant the extraordinary remedy of an injunction. His Honour considered the evidence presented regarding the contributions made by the parties towards the purchase of the land and the intentions of the parties at the time of acquisition. The Court concluded that the plaintiff had failed to establish a sufficient likelihood of proving the existence of a resulting trust, and therefore the threshold for granting an interlocutory injunction was not met.

Consequently, the Court dismissed the plaintiff's application for an interlocutory injunction.