Berndon Investments Pty Ltd v Fitzroy Island (SA) Pty Ltd [1983] FCA 261

CATCHWORODS

PRACTICE AND PROCEDURE - interlocutory injunction to restrain the respondent until the trial of the action from deterring or preventing the applicant from having access to the jetty ona resort island for the purpose of disembarking and embarking its fare-paying passengers - applicant and respondent competitors ina market - whether control which the respondent 1s asserted to have with respect to the island jetty and resort could be characterized as control of a market within s.46(1)(a) and (c) of

the Trade Practices Act - whether a serious question to be

tried - balance of convenience.

Trade Practices Act, s.46

BERNDON INVESTMENTS PTY LTD V. FITZROY ISLAND (S.A.) PTY LTD

(Qld G66 of 1983)

FITZGERALD J.

BRISBANE

6 SEPTEMBER 1983

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G66 of 1983 GENERAL DIVISION ) BETWEEN :

BERNDON INVESTMENTS PTY LTD

Applicant

FITZROY ISLAND (S.A.) PTY LIMITED

Respondent

ORDER

JUDGE MAKING ORDER: PITZGERALD J.

DATE OF ORDER: WHERE MADE:

6 SEPTEMBEP 19f~ BRISBANE

THE COURT ORDERS THAT:

The interlocutory injunction is refused.

The applicant file and serve an amended statement of claim on or before 20 September 1983.

The respondent. file and serve an amended defence on or before 4 October 1983.

The applicant have leave to file and serve a reply on or before 11 October 1983.

The further hearing of the application for directions be adjourned to 9.15a.m. on Tuesday 18 October 1983.

The applicant to pay to the respondent the costs of the proceedings on 5 and 6 September 1983.

The costs of the proceedings on 30 August 1983 be costs in the cause.

IN_THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G66 of 1983 GENERAL DIVISTON )

BETWEEN : BERNDON INVESTMENTS PLY LTD

Applicant AND: FITZROY ISLAND (S.A.) PTY LIMITED Respondent FITZGERALD J. . 6 SEPTEMBER 1983