Steel v McGuire

Steel and McGuire were the parties involved in a dispute before Toohey J, sitting in chambers. The nature of the dispute concerned an application for an injunction.

The primary legal issue before the Court was whether an injunction should be granted to restrain the respondent from proceeding with a certain action. This involved considering the principles governing the grant of interlocutory injunctions, particularly in the context of potential prejudice to the applicant.

Toohey J considered the evidence presented by both parties. His Honour applied the established principles for granting interlocutory injunctions, which require the applicant to demonstrate a serious question to be tried and that the balance of convenience favours the granting of the injunction. The Court weighed the potential harm to the applicant if the injunction were not granted against the potential harm to the respondent if it were.

The application for an injunction was dismissed.