Kirk and Mickelham

In the Supreme Court of Victoria, Justice Dessau considered an application by Kirk seeking to restrain Mickelham Solicitors from proceeding with a claim against him in the Magistrates' Court. The application was filed on 31 March 2008, and the hearing in the Supreme Court was scheduled to commence on the same day the judgment was delivered.

The central legal issue before the court was whether to grant an interlocutory injunction to prevent Mickelham Solicitors from pursuing their claim in the Magistrates' Court. This required the court to assess the merits of Kirk's application for restraint and the appropriateness of intervening in the ongoing Magistrates' Court proceedings.

Justice Dessau dismissed Kirk's application for an injunction. The reasons for judgment, which are to be transcribed and provided to the parties, were not detailed in the provided text but the outcome indicates that the court found no sufficient grounds to restrain Mickelham Solicitors. Consequently, Kirk was ordered to pay Mickelham Solicitors' costs for the interim application, fixed at $3,879.85. The hearing date of 13 June 2008 was vacated, and the application was relisted for 23 June 2008.