Soiland Pty Ltd v Ridgepoint Corporation Pty Ltd

The plaintiff, Soiland Pty Ltd, sought an extension of an interlocutory injunction against the defendant, Ridgepoint Corporation Pty Ltd, which restrained the defendant from assigning or otherwise dealing with its interest as sub-lessee in approximately 8 hectares of land located at Talbot Road in the Perth International Airport. The injunction was originally granted by Master Sanderson on 23 March 2005 and extended on 6 April 2005. The plaintiff claimed that the defendant agreed to assign 50 per cent of the sub-lease to it and had failed to do so. The defendant argued that there was no such agreement and had entered into negotiations to surrender the sub-lease and/or deny the force and effect thereof. The court considered the appropriate test for interlocutory injunctions, which requires the plaintiff to establish a serious question to be tried and that damages is not an adequate remedy. The court also considered the balance of convenience, which involves weighing the competing risks of doing an injustice. The court found that the plaintiff had delayed in seeking an interlocutory injunction, which was an important discretionary consideration. The plaintiff's case was weak, and the evidence was in summary form and not strictly admissible. The court also found that the balance of convenience favoured the defendant and third parties, who had incurred expenses and made commitments on the assumption that they were authorised and empowered to do so. The court dismissed the plaintiff's application and discharged the injunction.