Coffee and a Case Note

ORKO v McClymont [2020] NSWSC 379


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"Stop that! Or I'll get the Court to stop you." 

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The granting of an interlocutory injunction - a binding Court order that *immediately* stops a party doing something - is often complex.

Speaking broadly and loosely, to get an interlocutory injunction you have to (i) convince the Court your claim is strong; (ii) convince the Court an injunction is more appropriate than an order for the payment of money; and (iii) give an undertaking to pay damages if the Court orders it.

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P and D entered into an agreement where D promised not to make disparaging comments about various parties.

Despite the agreement, D went ahead and made disparaging comments: [3]  P sought an interlocutory injunction to stop him.

With admirable economy, the Court found P had an strong case and that damages would not be an adequate remedy for P: [7]

The injunction was granted.

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Coffee and a Case NoteBy James d'Apice

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