McCREADIE & Oram & Anor (No.3)

The case of McCreadie & Oram & Anor (No.3) concerned a dispute between the plaintiff, McCreadie, and the defendants, Oram and another. The proceedings before Terry J involved an application for an interlocutory injunction.

The primary legal issue before the court was whether the plaintiff had established a sufficient likelihood of success in the substantive proceedings to warrant the grant of an interlocutory injunction. This required the court to consider the strength of the plaintiff's case on its merits and the potential for irreparable harm if the injunction was not granted.

Terry J applied the principles governing the grant of interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The court considered the evidence presented by both parties in relation to the alleged breaches of contract and the potential consequences of those breaches. The judge's reasoning focused on assessing the balance of convenience between the parties and the potential prejudice each would suffer depending on the court's decision.

The court ultimately granted the interlocutory injunction, finding that the plaintiff had satisfied the necessary threshold for its grant.