Novasonic Corporation Pty Ltd v Hagemeyer (Australasia) B.V. [1983] FCA 235

CATCHWORDS

Practice and Procedure - Interlocutory injunctions -

Application for injunction to restrain respondent proceeding with an action in Supreme Court of N.S.W. - Applicant's Federal Court claim against respondent

under Trade Practices Act 1974, Part IV - Respondent's Supreme Court claim for winding up of applicant - Whether Federal Court has jurisdiction to hear application - Constitutional issue potentially involved - Pending High Court decision ~ Factors to be considered in

hearing such application.

Judiciary Act 1903,s. 78B

Trade Practices Act 1974, ss. 46, 47, 48, 82

NOVASONIC CORPORATION PTY. LIMITED v. HAGEMEYER (AUSTRALASIA) B.V.

No. G4 of 1983

CORAM: Lockhart J.

26 August 1983

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) - oY - NEW SOUTH WALES DISTRICT REGISTRY ) No. G4 of 1983

) GENERAL DIVISION }

BETWEEN: NOVASONIC CORPORATION PTY. LIMITED

Applicant

AND: HAGEMEYER (AUSTRALASIA) B.V.

Respondent ORDER JUDGE MAKING ORDER: Lockhart J. DATE OF ORDER: 26 August 1983 WHERE MADE: Sydney THE COURT ORDERS: 1. That the respondent be restrained until further

order from seeking to be substituted as the plaintif£ in action No. 3900 of 1982 in the Supreme Court of New South Wales Equity Division or otherwise proceeding further with such action. 2. That each party be at liberty to restore to the list on two days notice the applicant's motion of 3 August 1983 and the application for damages

under s. 82.

4.

2.

That the costs of this motion be the applicant's

costs in proceedings in this Court in matter G4 of

1983.

That the applicant shall, on or before Thursday

1 September 1983, file and serve on the respondent and on the Attorneys-General of the Commonwealth and New South Wales a notice of a constitutional matter which shall comply with sub-rules 1(ii) and (ii21) of Order 51 mutatis mutandis and which shall state the date to which this matter is to be