What must a party demonstrate to grant urgent interlocutory relief?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

To obtain urgent interlocutory relief, a party must demonstrate that there is a prima facie serious question to be tried. This means that the party must show that their case is credible and has enough substance to warrant judicial intervention. The court assesses whether there is a legitimate legal issue that merits further examination in a full hearing. This is a fundamental requirement because the court wishes to ensure that urgent relief is not granted lightly and is reserved for genuine disputes that require immediate attention.

Demonstrating a serious question helps establish the necessity of urgent action and shows that the party is not merely seeking an advantage or pursuing frivolous or vexatious claims. Such a standard ensures that judicial resources are used effectively and that urgent relief is provided in contexts where it is genuinely warranted. This requirement balances the need for expediency in urgent situations against the fundamental principles of fairness and justice in the legal process.

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