A real prospect of success (in the sense of not fanciful) is necessary but not sufficient for leave to appeal under s 14C of the Supreme Court Act 1986 (Vic); the Court retains a discretion and will consider whether there would be substantial injustice if leave is refused, including the proximity of a substantive hearing and the adequacy of existing protections. The substantive question of whether a personal undertaking as to damages can be required from the sole director/shareholder of a corporate party obtaining an interlocutory injunction was expressly left open.
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