Surefire Holdings Pty Ltd v Oxley Sports Drome Pty Ltd

The case between Surefire Holdings Pty Ltd and Oxley Sports Drome Pty Ltd involved a dispute over an interlocutory injunction that was initially granted ex parte. The primary issue before the court was whether the applicant had discharged the burden required to obtain such relief and whether the duty to make full and frank disclosure to the court had been met. Specifically, the court had to determine whether the applicant’s solicitor had breached her duty to the court by knowingly misleading or lying about material matters, and whether this warranted a referral of the matter to the Attorney-General and the Queensland Law Society.

The court held that the solicitor for the applicant had indeed breached her duty to the court by knowingly misleading or lying about material matters. The court found that the solicitor had not discharged the substantial burden of demonstrating that the ex parte injunction was warranted and had failed to make full and frank disclosure. As a result, the injunction that was granted on 16 February 2001 was dissolved, and the application filed on 20 February 2001 was dismissed. The court also ordered that the costs of the respondent were to be paid by the solicitor for the applicant on an indemnity basis. Furthermore, the papers of the case were to be referred to the Attorney-General and the Queensland Law Society for further action.