Wilson Mobile Cranes Pty Ltd v Garry Fulton

Wilson Mobile Cranes Pty Ltd brought an application against Garry Fulton, seeking an interlocutory injunction to restrain Fulton from exercising a lien over specialised equipment. Fulton claimed the lien over the equipment, which was critical to Wilson Mobile Cranes' business operations. The court was tasked with determining whether the serious question to be tried was established and whether the balance of convenience favoured granting the injunction. The court also needed to assess if the plaintiffs had offered to compensate Fulton for the value of the lien.

The court found that a serious question to be tried existed, as Wilson Mobile Cranes owed Fulton a significant amount of money exceeding the value of the lien claimed over the equipment. Furthermore, the balance of convenience favoured the grant of relief on terms. The court recognised that the equipment was essential for Wilson Mobile Cranes to conduct its business, and any disruption could cause substantial harm. Additionally, Wilson Mobile Cranes offered to pay Fulton the market value of the equipment, mitigating the risk of Fulton suffering loss. Consequently, the court concluded that the relief should be granted on the condition that Wilson Mobile Cranes pays Fulton the market value of the equipment plus an additional sum to account for potential inaccuracies in the plaintiffs' estimate.

The court granted the interlocutory relief on the terms specified, ensuring that Fulton would be compensated for the lien over the equipment. This decision allowed Wilson Mobile Cranes to continue its operations without the immediate threat of the equipment being withheld, while also providing Fulton with adequate compensation. The final orders of the court required Wilson Mobile Cranes to pay Fulton the market value of the equipment, as well as an additional sum to cover the possibility that the plaintiffs' estimate of the market value was incorrect. This outcome balanced the needs of both parties and maintained the status quo until the final resolution of the dispute.