Topic 3 and 4: Definitions and Quotes

Question 1

Merck Sharp Quote for the change of test for interlocutory injunctions

Answer 1

J O’Donnell “… the underlying theme of the decision is to reassert the flexibility of the remedy and the essential function of an interlocutory injunction in finding a solution pending the hearing of the action”

Question 2

Charleton v Scriven, Interlocutory and Perpetual difference

Answer 2

“… a range of factors such as strength of the case and balance of convenience may come into play in considering whether to grant an interlocutory injunction… those issues are not necessarily relevant at the time of the trial…”