The Venerable Hout Chhet & Ors (according to the attached Schedule) v Khmer Buddhist Temple Association Inc (ABN 63 990 104 294) & Ors (according to the attached Schedule)

The Venerable Hout Chhet and others sought an interlocutory injunction against the Khmer Buddhist Temple Association and others, primarily concerning the governance and management of a religious institution. The matter was heard in the Supreme Court of New South Wales. The primary dispute centred around the validity of certain actions taken by the defendant association, particularly whether the judge had correctly balanced the convenience in favour of granting the injunction, and if a relevant consideration had been overlooked. Additionally, there was an allegation of apprehended bias against one of the judges.

The court examined whether the trial judge had erred in determining that the balance of convenience favoured the grant of an interlocutory injunction. It also assessed whether the judge had failed to consider a relevant factor in making this determination. Furthermore, the court reviewed the allegation of apprehended bias, determining whether such a bias existed and if it affected the fairness of the proceedings. The court found that the trial judge had correctly balanced the convenience and had not overlooked any relevant considerations. The alleged bias was also found to be unfounded.

In conclusion, the court dismissed the appeal, upholding the trial judge's decision. The findings were that the balance of convenience was appropriately assessed and no relevant consideration was overlooked. The alleged bias was also dismissed as baseless. Consequently, the interlocutory injunction was maintained, and the appeal was dismissed with no orders for costs.