Van- Minnen ( nee Huson ) ex parte Harrison

The case of Van-Minnen (nee Huson) ex parte Harrison involved a dispute over the distribution of assets within a family trust. The applicant, Harrison, sought an injunction to prevent the trustee, Van-Minnen, from distributing the trust property in accordance with the terms of the trust deed. The matter was heard in the Supreme Court of Victoria.

The primary legal issue before the court was whether the applicant had demonstrated a sufficiently compelling case to justify the grant of an interlocutory injunction. The court had to weigh the applicant's need for an injunction against the trustee's entitlement to act according to the terms of the trust deed. Furthermore, the court needed to consider the principles governing the grant of interlocutory injunctions, including the balance of convenience and irreparable harm.

The court found that the applicant had not demonstrated that the balance of convenience favoured the grant of an injunction. While the applicant argued that the distribution of the trust assets would result in significant hardship, the court considered that the trustee's entitlement to act under the terms of the trust deed was equally compelling. The court held that the applicant had not shown that the trustee's actions would cause irreparable harm or that there was a strong likelihood that the applicant would succeed at trial. Consequently, the court refused the application and made no order as to costs.