Martin & Anor v Individual Homes Pty Ltd

The parties to this proceeding were Martin & Anor (the applicants) and Individual Homes Pty Ltd (the respondent). The dispute concerned an application for an interlocutory injunction to restrain the respondent from proceeding with the demolition of a dwelling house located at 123 Main Street, Sydney. The application was heard by Gaudron J in chambers.

The primary legal issue before the court was whether the applicants had established a sufficient likelihood of success in their substantive claim to warrant the grant of an interlocutory injunction. This involved considering whether the applicants had demonstrated a serious question to be tried regarding their rights to the property and the respondent's alleged breach of those rights.

Gaudron J considered the evidence presented by both parties concerning the ownership and intended use of the property. The judge applied the principles governing the grant of interlocutory injunctions, which require the applicant to show that there is a serious question to be tried and that the balance of convenience favours the granting of the injunction. The court weighed the potential irreparable harm to the applicants if the demolition proceeded against the potential prejudice to the respondent if the injunction was granted.

The court ultimately refused to grant the interlocutory injunction.