(67.) See RESTATEMENT (SECOND) OF TORTS [section] 936(2)(a) (1979) (one of the special factors relevant in determining the propriety of issuing an interlocutory injunction
against a tort is "the extent of the threat of irreparable harm to the plaintiff if the interlocutory injunction
is not granted").
The facts were very similar to those in Commission Scolaire Francophone, with the applicants seeking an interlocutory injunction
requiring the province and the local English school board to share school facilities with the French school board.
(53) One of the main legal issues in that case was whether Lenah Game Meats Pty Ltd ('LGM') could restrain the Australian Broadcasting Corporation ('ABC') via an interlocutory injunction
from broadcasting a film on the basis of an unjustified invasion of privacy.
The action was for declaratory judgement, interlocutory injunction
and for a permanent injunction.
It is now viewed as trite law that an applicant for an interlocutory injunction
must fulfill three conditions before the court will grant his application, namely, he must show that (1) there is a serious question to be tried, (2) he will suffer irreparable injury if refused the interlocutory relief, and (3) the balance of inconvenience resulting from granting or denying the interlocutory relief lies with him rather than with the respondent.
Whether or not the errors made at the motion for the interlocutory injunction
will be corrected at trial will probably depend on whether the Catholic parties in the case and their lawyers are properly motivated to defend and promote the right of the Catholic community to be, ...
They will also seek an interlocutory injunction
pending the hearing of their appeal,
was unsuccessful before Underwood J in the
However, back in the same court yesterday Na Fianna failed in their bid to have an interlocutory injunction
application to be treated as the hearing of the action.
According to the court, the ruling is pending the hearing and determination of the motion on notice for interlocutory injunction
The petitioner argued before the Judicial Committee that despite the fact that he filed writ of Summons and Interlocutory injunction
against the respondents, which were duly served on them as proof of service, they defied the service and went ahead to install the two as chief and Odikro of the two communities.
The ACCC is seeking pecuniary penalties, injunctions (including an interlocutory injunction
), compensation for two affected franchisees and costs.