Nawal Azzi Khattar v Khattar Investments Pty Ltd

Nawal Azzi Khattar sought an interlocutory injunction against Khattar Investments Pty Ltd in relation to a dispute concerning the distribution of assets of a family trust. The matter was heard in the Federal Court of Australia. The plaintiff sought an injunction to prevent the defendant from selling certain properties and assets of the trust until the merits of her claim were determined.

The primary legal issue before the court was whether an interlocutory injunction should be granted to the plaintiff. The court was required to consider the balance of convenience and the potential harm that might occur if the injunction was not granted. The court also needed to weigh the merits of the plaintiff's claim and the potential prejudice that might be suffered by the defendant if the injunction was granted.

The court found that the balance of convenience favoured the granting of an interlocutory injunction in favour of the plaintiff. The court noted that the plaintiff had established a strong case on the merits and that there was a real risk that the defendant would dissipate the trust assets if the injunction was not granted. The court also noted that the defendant had not provided any compelling evidence to suggest that the plaintiff would suffer significant prejudice if the injunction was granted. The court granted the interlocutory injunction subject to certain qualifications, including a requirement that the plaintiff provide security for any damages that the defendant might suffer if the injunction was ultimately found to be unjustified.

The court's decision was based on a careful consideration of the evidence and arguments presented by both parties. The court found that the plaintiff had established a strong prima facie case and that the balance of convenience favoured the granting of the injunction. The court's decision was also informed by the potential harm that might occur if the injunction was not granted and the need to protect the trust assets until the merits of the plaintiff's claim could be determined. The final orders of the court granted the interlocutory injunction subject to certain qualifications, including a requirement that the plaintiff provide security for any damages that the defendant might suffer if the injunction was ultimately found to be unjustified.