Federal Court of Australia
1.
cA IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 140 of 1982 } )
GENERAL DIVISION
BETWEEN
BARSON COMPUTERS PTY. LTD., SINCLAIR EQUIPMENT TAUSTRALASIA!) PTY. LTD.
Applicants
AND
SINCLAIR RESEARCH LTD. SINCLAIR RESEARCH (U.K.) LTD., SINCLAIR EQUIPMENT INTERNATIONAL LTD., QASAR INDUSTRIES PTY. LTD. and BRIAN MEEHAN
Respondents i
{ 8 OCTOBER, 1982 KEELY J. | {
REASONS FOR JUDGMENT
j
On Friday, 1 October, 1982, upon the applicants by it
their counsel giving the usual undertaking, the court made certain ex parte interim orders, pending the hearing and if determination of the application for interlocutory orders, | which hearing was fixed for Wednesday, 6 October, 1982. On the latter date the parties were in agreement that certain directions should be given as to the filing of affidavits by the respondents and affidavits in reply by the applicants and ' that the hearing of the application for interlocutory orders should be adjourned to 28 October, 1982. The parties were
not in agreement as to the form of the interim injunctions in
SES TT Be
the meantime.
a
2.
'
The orders made ex parte on 1 October, 1982 were in
the following form :-
"(1)
each of the firstnamed, secondnamed and thirdnamed respondents by itself its servants and agents are hereby restrained from making available its products for sale or distribution in Australia to the fourthnamed respondent and, or alternatively, the fiftthnamed respondent or to any other person other than the applicants;
each of the fourthnamed and fifthnamed respondents by itself or his servants or
agents are hereby restrained from -
(i) selling, offering for sale, advertising or promoting in Australia any products acquired
by it or him from the firstnamed,
secondnamed or thirdnamed respondent or some
or one of them;
(ii) holding itself or himself out as the distributor an Australia of the products
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