Warburton v VicForests

[2021] VSCA 194

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory injunctions
3. › Adequacy of reasons
4. › Whether primary judge gave adequate reasons for granting injunction in more limited form than sought
5. › Standard of reasons required for interlocutory decisions
1. Practice and Procedure
2. › Interlocutory injunctions
3. › Scope of relief
4. › Whether judge erred in not granting broader injunctive relief
5. › Whether judge failed to take into account relevant considerations
6. › Standard of appellate review of interlocutory orders
1. Practice and Procedure
2. › Separate determination of questions
3. › Standing as preliminary question
4. › Whether question of standing should be determined as separate question in advance of trial
5. › Caution required before separating issues for preliminary determination
6. › Supreme Court (General Civil Procedure) Rules, r 47.04
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal interlocutory decisions
4. › Whether error in principle and substantial injustice established

Quick Take

The standard of reasons required for interlocutory injunction decisions is less demanding than for trial decisions. Reasons on interlocutory applications can be informed by reasons given on earlier applications and the manner in which the parties have conducted the litigation, especially where successive applications have common issues or themes. An appellate court will not intervene in interlocutory decisions absent error in principle and substantial injustice.