Tanamerah Estates Pty Ltd v Tibra Capital Pty Ltd

Tanamerah Estates Pty Ltd (the applicant) sought interlocutory relief pending the determination of its application for special leave to appeal to the Court of Appeal of New South Wales against a decision of the primary judge. The dispute concerned the applicant's entitlement to certain funds held by Tibra Capital Pty Ltd (the respondent).

The primary legal issue before Leeming JA was whether the applicant had demonstrated exceptional circumstances justifying the grant of interlocutory relief, given the poor prospects of its application for special leave to appeal being successful. The court was required to consider the threshold for granting such relief in circumstances where the underlying appeal had a low probability of success.

Leeming JA reasoned that the grant of interlocutory relief pending an application for special leave to appeal is an exceptional measure. The applicant bore the onus of demonstrating that exceptional circumstances existed, which typically involve a high degree of urgency and a real risk of injustice if the relief were not granted. In this instance, the applicant failed to discharge this onus, as the prospects of obtaining special leave were assessed as poor, and no compelling exceptional circumstances were established to warrant the grant of interlocutory relief.

Accordingly, the notice of motion filed on 5 April 2016 was dismissed with costs.