Robmatjus Pty Ltd v Violet Home Loans Australia Pty Ltd

Robmatjus Pty Ltd sought an injunction against Violet Home Loans Australia Pty Ltd and two non-parties in the Supreme Court of Victoria, requesting a freezing order against the assets of Violet Home Loans and the non-parties. The injunction application included a request for ancillary orders, including that the plaintiffs provide security for potential damages as part of their undertaking. Violet Home Loans opposed the application on the basis that the plaintiffs, who were described as impecunious, should not be required to provide security for damages. The court was required to determine whether the plaintiffs should be required to provide security for their undertaking as to damages, and if so, the amount and nature of that security. The court also needed to consider the balance of convenience in favour of the plaintiffs to grant the relief requested.

The court held that the plaintiffs should be required to provide security for their undertaking as to damages, but the amount and nature of that security should be assessed in light of the plaintiffs' impecunious status. The court found that the plaintiffs had established a sufficient balance of convenience in their favour, warranting the grant of the injunction and ancillary orders sought. The court ordered that the plaintiffs provide security for their undertaking as to damages in the form of a bank guarantee for an amount determined by the court, and granted the injunction and ancillary orders as sought. The final orders included the freezing of the assets of Violet Home Loans and the non-parties, and the requirement that the plaintiffs provide the specified security for their undertaking as to damages.