Preston v Porter

In *Preston v Porter*, the Supreme Court of New South Wales was asked to determine a dispute between the plaintiff, Preston, and the defendant, Porter. The proceedings concerned an application for an interlocutory injunction.

The central legal issue before the Court was whether the plaintiff had established a sufficient likelihood of success on the merits to warrant the grant of an interlocutory injunction. This involved considering the strength of the plaintiff's claim and the potential for irreparable harm if the injunction was not granted.

Justice Street applied the principles governing the grant of interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that damages would not be an adequate remedy. The Court considered the evidence presented by both parties regarding the alleged breach of contract and the potential consequences of that breach. The Court's reasoning focused on balancing the potential prejudice to each party pending the final determination of the proceedings.

The Court ultimately granted the interlocutory injunction, finding that the plaintiff had satisfied the necessary legal threshold.