Khmer Buddhist Temple Association Inc v Chhet (No 2)

The Khmer Buddhist Temple Association Inc sought an interlocutory injunction against Chhet, who was the Abbot of the Khmer Buddhist Temple in Melbourne, to prevent him from removing temple assets and records. The case was heard in the Supreme Court of Victoria. The Association alleged that Chhet had unlawfully taken control of the temple's assets and records, and had acted contrary to the Association's constitution and the Associations Incorporation Reform Act 2012 (Vic).

The court had to decide whether an interlocutory injunction should be granted to prevent Chhet from removing the temple assets and records. The Association argued that Chhet's actions posed a serious risk to the temple's assets and records, and that the balance of convenience favoured granting the injunction. Chhet argued that he was the Abbot of the temple, and that the Association's constitution and the Associations Incorporation Reform Act 2012 (Vic) did not provide a clear basis for the Association to seek the injunction.

The court found that the Association had established a serious issue to be tried, and that the balance of convenience favoured granting the injunction. The court noted that the Association's constitution and the Associations Incorporation Reform Act 2012 (Vic) did not provide a clear basis for the Association to seek the injunction, but that the Association had a legitimate interest in protecting its assets and records. The court also found that the least risk of injustice would be caused to the Association if the injunction was granted. The court therefore granted the injunction, restraining Chhet from removing the temple assets and records.

The court made an order that Chhet be restrained from removing any temple assets and records, and that he deliver up all temple assets and records in his possession to the Association. The court also made an order that the injunction be without prejudice to Chhet's right to be heard at the trial of the proceeding.