Allpike Honda Pty Ltd & Ors v Marbellup Nominees Pty Ltd & Ors [1983] FCA 49

CATCHWORDS

Trade Practices Act - misleading and deceptive conduct -

application for interlocutory injunction to restrain proceedings in Local Court - conduct in contravention of Part V of Trade Practices Act - whether Federal Court

has exclusive jurisdiction

Trade Practices Act 1974 ss. 75(1), 80(1), 82, 86.

ALLPIKE HONDA PTY. LTD. & ORS. v. MARBELLUP NOMINEES PTY. LTD. & ORS.

No. WA G28 of 1982

TOOHEY J. Perth

29 March 1983

IN THE FEDERAL COURT OF AUSTRALIA )

WESTERN AUSTRALIA DISTRICT REGISTRY) No. WA G28 of 1982 GENERAL DIVISION )

BETWEEN

ALLPIKE HONDA PTY. LTD. First Applicant

and

JOHN WILLIAM ALLPIKE, ALLAN HENRY ALLPIKE, PETER ALLAN ALLPIKE, PATRICIA ALLPIKE and ROBYN ELIZABETH ALLPIKE

Second Applicants

and

HAWKESDALE NOMINEES PTY. LTD. Third Applicant

and

MARBELLUP NOMINEES PTY. LTD. First Respondent

and

RAVENSWORTH PTY. LTD. Second Respondent

and

GUARDIAN ASSURANCE COMPANY LIMITED Third Respondent

O R D_ £E R

JUDGE MAKING ORDER Toohey J.

DATE OF ORDER 29 March 1983

WHERE MADE Perth

THE COURT ORDERS:

1. The second respondent be restrained until the trial of this application or until further order from proceeding in any way with action number 3466 of 1982 pending in the Local Court of Western Australia held at Perth in which the second respondent 1s plaintiff and the second applicants are defendants.

2. Liberty to the parties to apply on the question of

the costs of these proceedings.

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WA G28 of 1982 DISTRICT REGISTRY ) GENERAL DIVISION )

BETWEEN:

ALLPIKE HONDA PTY. LTD. First Applicant

and

JOHN WILLIAM ALLPIKE, ALLAN HENRY ALLPIKE, PETER ALLAN ALLPIKE, PATRICIA ALLPIKE and ROBYN ELIZABETH ALLPIKE

Second Applicants and

HAWKESDALE NOMINEES PTY. LTD. Third Applicant

and

MARBELLUP NOMINEES PTY. LTD. First Respondent

and

RAVENSWORTH PTY. LTD. Second Respondent