Windrum v Rejilo Pty Limited

In this matter before the High Court of Australia, Graham Melrose Windrum, the applicant, sought interim relief against Rejilo Pty Limited and another respondent. The proceedings involved an application for an interim injunction.

The primary legal issue before the Court was the criteria for granting positive injunctive relief to an unsuccessful party in circumstances where an appeal to the High Court was contemplated. Specifically, the Court was required to determine what must be shown to obtain such relief, particularly in light of the principle that it will only be granted in exceptional circumstances.

The Court considered the principles articulated by Deane J in *Heinemann's case*, which were also applied by Toohey J in *National Mutual Life Association of Australasia Limited v General Television Corporation Pty Limited*. These principles require a substantial prospect of obtaining special leave to appeal, an arguable case for the principal relief sought (in this instance, specific performance of a contract for the sale of property), and that an appeal would be rendered nugatory if interlocutory relief to maintain the status quo were refused. The Court noted that even where these indicia are present, interim relief may still be refused if other factors, such as the availability of an account of profits as adequate relief, weigh against its grant.