Love v Thwaites (No 3)

The case of Love v Thwaites (No 3) involved a dispute over the acquisition of land. The applicant sought an injunction to prevent the defendant from proceeding with the sale of a property. The matter was heard in the Supreme Court of New South Wales. The applicant argued that the defendant had acquired the property through improper means and sought an injunction to prevent the sale and an undertaking as to damages.

The primary legal issues before the court were whether the applicant had established a case sufficient to merit an injunction and, if so, whether the balance of convenience favoured the grant of an injunction. The court had to determine whether the applicant's evidence demonstrated a strong likelihood of success on the merits and whether the applicant could provide security for any damages that might be awarded if the injunction was later found to be unjustified.

The court found that the applicant had established a case of sufficient merit to warrant an injunction. The evidence presented indicated that the defendant had engaged in conduct that raised serious concerns about the fairness of the property acquisition. The court considered the balance of convenience and determined that it favoured the grant of an injunction, given the potential for significant prejudice to the applicant if the sale proceeded without resolution of the underlying issues. The court also accepted the applicant's offer to provide security for any damages that might be awarded if the injunction was later found to be unjustified.

The court granted the injunction, pending the outcome of the proceedings, and ordered the defendant to provide security for any damages that might be awarded. The final orders included the injunction against the defendant proceeding with the sale of the property and the requirement for the applicant to provide security for any damages that might be awarded if the injunction was later found to be unjustified.