Miller & Ors v Chapman

Miller and others (the applicants) sought an order from Gummow J, sitting in chambers, to restrain Chapman (the respondent) from proceeding with a proposed sale of land. The applicants claimed an equitable interest in the land, alleging that the respondent held the land on trust for them. The core of the dispute concerned whether the respondent's actions in attempting to sell the land were in breach of this alleged trust.

The primary legal issue before the Court was whether the applicants had established a sufficient equitable interest in the land to warrant the grant of an interlocutory injunction. This required the Court to consider the nature of the alleged trust and whether the evidence presented by the applicants demonstrated a serious question to be tried regarding their beneficial ownership of the property.

Gummow J considered the principles governing the grant of interlocutory injunctions, particularly the requirement for the applicant to show a strong prima facie case or, alternatively, that there was a serious question to be tried and that the balance of convenience favoured the granting of the injunction. His Honour examined the evidence relating to the alleged agreement and the circumstances under which the land was acquired and held by the respondent. The Court ultimately found that the applicants had not demonstrated a sufficient likelihood of success on the merits to justify the grant of the injunction.

Consequently, Gummow J dismissed the application for an interlocutory injunction.