Riot Nominees Pty Ltd v Suzuki Australia Pty Ltd & Ors [1981] FCA 45

PS

en

CATCH WERNS

Practice and procedure ~- application by reswendents for order that applicant shall provide security for cor.s - appliccrs 2 trustee - wnether suing "for the benefit of some other poreen" -

Pedercl Court Rules Order 28 Pule 3(1)(b)

RIOT NOUINELS PTY LTD v. SUZUKI AUSTRALIA PTY LED anc ofrers

(VG No. 65 of 1981)

Coram: KEELY J.

2te: 23 April 1981

Place: Melbourne

IN THE FEDLRAL CCURT CF AUSTPALIA

VICTORIA DISTRICT FEGISTRY VG No. 65 of 1981

.

GEVERAL DIVISION

BETWEEN: PIOT NOMINGSS PTY Lip

Applicent

AND: SUZUNI SNsTRALTA PTY LEP,

SUAUYT SUSTP LIN (F ) pry LTD, SUZUKI COOMLE Ast otT Ts PTY Lid, SUallT "OSTPAra% (UUPOFVS) PTY Lit, SUAUKT

COMME FT Bry Lip, CORVLLL, T° ITP) PUTTS A AY

SPONCEL1, ne Its

HARTI CORKS

Resporijince

JUDGE MAKING ORDER: KELLY J. DATE CF ORDER: 23 April 1981 WHERE NADE: Melbourne

THE COURT OFEERS THAT:

1. Upon the applicant by its coursel undertcking to pay to any party adversely affected by this injunction such compensation (if any) as the court tninke just, in cucn morror as the court directs, it 1s ordercd that, until the hearirs en}

determination of this action or further orcer:

(a) the first and sccond responients ans cach ot

ee re ee ne cen cee an er - ~

(b)

2.

them by themsclves, their directors, officers, servants, agents or howsoever otherwise, be restrained from refusing to supply the epplicant with Suzuki motor cycles Spare parts and accessorics and the services assoclated therewitn (to the extent th7t the respondents are ehte to do so in the ordinary course of trade) on the same terms and conditions under whicn che first or second respondents supply other sellers of Suzuki motor cycles, spare parts and accessorics with any sucn goods (and such associeted services) for retall sale to the public in the metropolitan area of Melbourne;