In Coles Supermarkets Australia Pty Ltd v 461 Hampton Street Investments Pty Ltd [2024] VSC 306, briefed by Grant Levy and Lachlan Semple at Lander & Rogers, Robert Heath KC and Kieran Hickie successfully acted for Coles in obtaining an interlocutory injunction restraining the defendant from leasing a property in Hampton to a third party pending the determination of Coles’ claims in the proceeding.
In the decision, the Supreme Court of Victoria (Justice Waller) clarified the form of the ‘usual undertaking as to damages’ that needs to be given by an applicant who seeks an interlocutory injunction. The Court held the applicant must give the ‘usual undertaking’ to the defendant and any person who may sustain loss by reason of the injunction (at [108]-[117]).
The decision is here: https://lnkd.in/ga4F2D8u
To brief Robert and/or Kieran, please contact Tammy Young on (03) 9225 6777 or email [email protected].