Luton v Lessels

In *Luton v Lessels*, Callinan J, sitting in chambers, considered a dispute between the parties concerning an application for an interlocutory injunction. The applicant sought to restrain the respondent from proceeding with a proposed sale of certain property.

The primary legal issue before the Court was whether the applicant had established a sufficient likelihood of success in their underlying claim to warrant the grant of an interlocutory injunction. This involved assessing whether the applicant had demonstrated a serious question to be tried and whether the balance of convenience favoured the granting of the injunction.

Callinan J applied the well-established principles governing the grant of interlocutory injunctions. His Honour considered the strength of the applicant's case, the potential for irreparable harm if the injunction were not granted, and the potential prejudice to the respondent if the injunction were granted but the applicant ultimately failed. The Court weighed these competing considerations to determine whether the extraordinary remedy of an interlocutory injunction was justified in the circumstances.