Nu-Fortune Gold Ltd v Roxbury Trading Pty Ltd

Nu-Fortune Gold Ltd sought an interim injunction against Roxbury Trading Pty Ltd to prevent them from terminating a sublease of property at Menzies Battery. Roxbury had issued a notice terminating the sublease and re-entering possession, citing Nu-Fortune's alleged default in paying a sub-tenant bond and rent. The dispute centered on whether the termination notice complied with statutory requirements and whether Nu-Fortune was in default for not paying the rent. The court had to determine whether the requisite strength of the probability of success depended upon the nature of the rights asserted and the practical consequences likely to flow from the interlocutory orders sought. The court found that the notice of termination did not comply with statutory requirements and that the defendants had not provided a valid reason for termination. The court granted the interim injunction, preserving Nu-Fortune's rights pending trial. The court held that the plaintiffs need not show it was more probable than not that they would succeed at trial but must demonstrate a sufficient likelihood of success to justify preservation of their rights pending trial. The court's function was to decide what the application of the organising principles in all the circumstances indicated was the correct balance of justice between the parties pending trial. The court held that the notice of termination did not comply with statutory requirements, and the defendants had not provided a valid reason for termination. The court granted the interim injunction.