Bowen Central Coal Pty Ltd v Aquila Coal Pty Ltd & Anor

[2011] QCA 334

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Equity
2. › Equitable Remedies
3. › Injunctions
4. › Interlocutory Injunctions
5. › Balance of Convenience
6. › Whether loss to be assessed on assumption plaintiff succeeds at trial
7. › Whether applicant established adverse consequences justifying injunction
1. Equity
2. › Equitable Remedies
3. › Injunctions
4. › Interlocutory Injunctions
5. › Balance of Convenience
6. › Whether interlocutory injunction would grant final relief
7. › Effect on assessment of balance of convenience
1. Equity
2. › Equitable Remedies
3. › Injunctions
4. › Interlocutory Injunctions
5. › Appellate Review
6. › Whether discretion miscarried
7. › Whether substantial injustice to appellant

Quick Take

In assessing the balance of convenience on an interlocutory injunction application, the court must assess the plaintiff's potential loss on the assumption the plaintiff will succeed at trial. It is not legitimate to take into account loss the plaintiff might suffer only if it does not have the right it claims. Where a plaintiff's evidence of adverse consequences is premised on the defendant being able to exercise contractual rights that would not arise if the plaintiff's case is correct, that evidence does not support the grant of an injunction.