Knights of Video Pty Ltd v Pacific Seven Pty Ltd & Ors [1984] FCA 154

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGESTRY GENERAL DIVISION

BETWEEN =

ANDs

FS

) ) No. VG 158 of 1984

)

KNIGHTS OF VIDEO PTY. LTD.

Applicant

PACIFIC-SEVEN PTY. LTD.,

CORAM: Mr. Justice Jenkinson PLACE: Melbourne . ; _ | DATE:

12 June, 1984

PETER KOON, RUSSELL WITHERS

Respondents

ORDERS

Upon the applicant undertaking by its counsel that until

4.15 p.m. on 15 June 1984 it will mot offer to enter or enter into

an agreément concerning the hiring of video cassettes with a

licensee of a 7-Eleven shop and that it will pay to the applicant

adversely affected by this order such compensation (if any) as the

Court thinks just in such manner as the directs -

the Court Orders that the first respondent be restrained until the

hearing of the proceeding or further order from -

(i)

threatening

to withdraw from

Michael

Milinkovic of 7-Eleven store Geelong West

any goods or services if he, the said Michael Milinkcevic, should use in the course of the husiness ccnducted in the said 7-Eleven store the business system referred to in the AffiGavit of Lucien Anceschi sworn im this proceeding the 25th

a en ne ee re re Re ee nee enema een re,

. 2.

day of May 1984 as the 'Alinite Video System':

(ii) threatening to withdraw from Brian and Pamela McDonald of 7-Eleven store Geelong North any goods or services if they, the said Brian and Pamela McDonald should use

in the course of the business conducted in ' the said 7-Eleven store the business system

referred to in the Affidavit of Lucian ' Anceschi sworn in this proceeding the 25th day of May 1984 'as the '''Allnite Video ' ' System'; '

' (iii) giving without the leave of the Court a notice to the said Michael Milinkovic in purported exercise of a right conferred by Article 25(c) of the agreement which is exhibit PM5 to the affidavit of Peter Moon sworn the 30th day of May 1984 in this proceeding; and