Perfection Fresh Australia Pty Ltd v Melbourne Market Authority

Perfection Fresh Australia Pty Ltd, a market stall holder, appealed against the refusal of an interlocutory injunction by the Melbourne Market Authority. The appeal arose from the Authority's decision to relocate the stall holders to a new market site, a decision contested by Perfection Fresh. The dispute centred on the stall holders' claim of entitlement to an allocated space and allegations of unconscionable conduct under the Australian Consumer Law. The case was heard in the Supreme Court of Victoria.

The court was required to determine whether there was a serious question to be tried concerning the stall holders' entitlement to a specific space and whether the Authority's actions constituted unconscionable conduct. Additionally, the court considered the factors relevant to granting an interlocutory injunction, including the balance of convenience and the risk of injustice to either party. The court was particularly mindful of the potential prejudice to both the stall holders and the Authority if an injunction was or was not granted.

The Supreme Court found that there was a serious question to be tried regarding the stall holders' entitlement to their allocated spaces. The court also found that there was a potential for unconscionable conduct by the Authority. Weighing these considerations against the balance of convenience and the risk of injustice, the court concluded that a lesser risk of injustice would result from granting the injunction. Consequently, the appeal was allowed, and the injunction was granted, pending the resolution of the underlying dispute. The court ordered that the stall holders be returned to their original locations at the market site until the matter was resolved.