Federal Court of Australia
Il mien]
CATCHWORDS
Prade Practices — Covenant by lessor - Interlocutory
Injunction.
Trade Practices Act 1974 ss.45B, 47(4) and 52.
A. D. C. CENTRES PTY.- LIMITED v. KILSTREAM
PTY. LIMITED
No, G 35 of 1979
Coram: Franki J.
Sydney
23 July 1979
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G 35 of 1979 GENERAL DIVISION
BETWEEN : A.D.C. CENTRES PTY. LIMITED
Applicant AND % KILSTREAM PTY, LIMITED Respondent QO R DER
SUDGE MAKING ORDER: Franki Jd.
DATE OF ORDER : Monday 23 July 1979
WHERE MADE : Sydney
THE COURT ORDERS THAT:
1. Application refused.
2. Liberty to either party to apply on two days notice
to the other party to have the matter re-listed for directions or for any other application that either party may be advised to make.
3. Parties to have an opportunity to address on the question of costs.
4, Matter to be listed for mention on 8 August 1979.
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No.G 35 of 1979 GENERAL DIVISTON )
BETWEEN : A.D.C. CENTRES PTY. LIMITED
Applicant
AND : KILSTREAM PTY. LIMITED
Respondent
Coram: Franki J.
Sydney 23 July 1979
REASONS FOR JUDGMENT
FRANKI J.
A.D.C. Centres Pty. Limited, the applicant, on 5 July 1979 commenced an action by way of statement of claim against Kilstream Pty. Limited, the respondent, seeking certain declarations, injunctions and other relief and claiming that the respondent had contravened or attempted to contravene ss.45B, 46, 47(4) and 52 of the Trade Practices Act 1974 ("the Act"). On the same day the applicant filed a notice of motion seeking certain interlocutory relief and I now
give judgment in that application.
In the proceedings for interlocutory relief, no
reliance was placed on s.46 of the Act.
cow ee
The correct approach which this Court should take to applications under s.80 of the Act for interlocutory relief
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