In the matter of A Twins Spare Parts Pty Limited

A Twins Spare Parts Pty Limited was the plaintiff in a suit for oppression against another party, which is not named in the decision. The plaintiff sought a mandatory interlocutory injunction to compel the defendant to continue making weekly loan payments to it. The case was heard in a court of equity. The plaintiff conceded that it had not established a prima facie case for oppression but argued that the injunction was still appropriate due to the defendant's concession and the balance of convenience favouring the plaintiff.

The court considered whether the appropriate standard for a mandatory interlocutory injunction was met, particularly in light of the plaintiff's concession regarding the prima facie case. The court also examined the defendant's ability to make the payments, the security for the payments, and the balance of convenience. The defendant did not contest the plaintiff's right to the payments, and the payments were secured by shares in a property-holding company that was soon to be liquidated. The court found that the balance of convenience favoured the plaintiff.

The court granted the injunction, reasoning that the plaintiff had established a strong case for the injunction despite the concession on the prima facie case for oppression. The court noted that the defendant had sufficient resources to make the payments and that the balance of convenience favoured the plaintiff. The security for the payments and the impending liquidation of the property-holding company were also considered. The court concluded that the injunction was appropriate to ensure that the plaintiff received the payments to which it was entitled.

The court ordered that the defendant continue to make the weekly loan payments to the plaintiff until further order of the court. The court did not make any other orders.