Ward and Ors v Crosswalk Pty Ltd and Ors P67/2000

This matter concerned an application by the plaintiffs, Ward and others, for an interlocutory injunction against the defendants, Crosswalk Pty Ltd and others. The plaintiffs sought to restrain the defendants from proceeding with a proposed sale of certain land.

The primary legal issue before Hayne J was whether the plaintiffs had established a sufficient likelihood of success in their underlying claim to warrant the grant of an interlocutory injunction. This involved assessing whether the plaintiffs had demonstrated a serious question to be tried regarding their alleged contractual rights over the land and whether the balance of convenience favoured the granting of the injunction.

Hayne J considered the evidence presented by both parties concerning the existence and enforceability of the alleged contractual arrangements. His Honour applied the principles governing the grant of interlocutory injunctions, which require the applicant to show a serious question to be tried and that the balance of convenience favours the injunction. The court weighed the potential harm to the plaintiffs if the sale proceeded against the potential harm to the defendants if the sale were restrained.

The application for an interlocutory injunction was dismissed.