Sansom and Sellar

In the matter of *Sansom and Sellar*, heard by Rees J, the applicant sought orders for the exclusive use and occupation of a property located at C Street, Suburb D, and for the respondent to vacate the same. The orders sought were interim in nature, pending further order of the court.

The central legal issue before the court was whether to grant an interlocutory injunction providing the applicant with sole and exclusive possession of the disputed property and restraining the respondent from entering it. This required the court to consider the principles governing the grant of such injunctions, particularly in circumstances where possession of a family home is in dispute.

Rees J applied the principles for granting interlocutory injunctions, which involve assessing the strength of the applicant's case, the balance of convenience, and whether damages would be an adequate remedy. The court considered the specific circumstances of the parties and the property, ultimately determining that the balance of convenience favoured granting the interim relief sought by the applicant. The judge reasoned that the disruption to the applicant and any children involved would be greater if the injunction were not granted, and that the respondent could be adequately compensated by damages if the applicant's claim ultimately failed.

Accordingly, Rees J ordered that, commencing 28 days from the date of the orders, the applicant be granted sole and exclusive use and occupation of the property. The respondent was ordered to vacate the property within 28 days, and thereafter was restrained from entering or remaining upon the property pending further order of the court.