Mowatt v White Horses Pty Ltd

The case of Mowatt v White Horses Pty Ltd involved the applicants, Mowatt, seeking an interlocutory injunction to prevent the respondent company, White Horses Pty Ltd, from holding an extraordinary general meeting (EGM) for the purpose of voluntarily winding up the company and appointing the board of directors as liquidators. The applicants argued that this course of action would be contrary to law or infringe their rights. The court was required to determine whether there was a serious question to be tried and whether an interlocutory injunction should be granted in these circumstances.

The legal issues before the court included the circumstances under which an interlocutory injunction could be granted and the criteria for determining whether a serious question to be tried existed. The applicants needed to demonstrate that there was a substantial question as to their entitlement to relief, which would warrant the court's intervention at this stage. The court considered whether the applicants had established a credible case on the merits, which would make it just and convenient for the injunction to be granted pending the final determination of the matter.

The court found that the applicants had not demonstrated that there was a serious question to be tried, as they had not provided sufficient evidence to support their allegations. The court concluded that the applicants had not made out a prima facie case on the merits, and thus, the balance of convenience did not favour granting an interlocutory injunction. The court also noted that the applicants had not demonstrated any urgency or irreparable harm that would justify interim relief at this stage. Accordingly, the application for interlocutory injunction was dismissed, and the applicants were ordered to pay the respondent’s costs on the standard basis.