Federal Court of Australia
Trade Practices - sale of ectoparasiticides - respondent
supplier of chemical required by applicants - essentially monovoly - terms of trade limited by respondent - alleged effect of destroying or severely damaging applicants' business - allegations not contradicted by respondent - unterlocutory relief sought - terms of interlocutory relief
- appropriate injunction by Court
Trade Practices Act 1974 ss. 4E, 46, 80
Ian James MacLean and Patrick Dainton v. Shell Chemical (Australia) Pty. Ltd.
No. WA G45 of 1984
TOOHEY J. PERTH
22 JUNE 1984
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G45 of 1984
we we ww
BETWEEN:
TAN JAMES MacLEAN and PATRICK DAINTON
Applicants
and SHELL CHEMICAL (AUSTRALIA) :
Respondent
PROPOS ORDER
JUDGE _ MAKING ORDER 3 Toohey J. DATE OF ORDER : 22 June 1984 WHERE MADE : Perth
Upon the applicants giving the usual undertaking as to
damages, it is hereby ordered that:
l.
The respondent, its directors, officers, servants and agents be restrained until judgment or further order from refusing or failing to supply Technical Cypermethrin to the applicants in accordance with the terms of the respondent's letter to the applicants
dated 24 February 1982.
LTD.
*, we
2.
The costs of the application for interlocutory
relief be costs in the cause.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G45 of 1984
BETWEEN: TAN JAMES MacLEAN and PATRICK DAINTON Applicants and SHELL CHEMICAL (AUSTRALIA) PTY. UTD,
Respondent
CORAM: TOOHEY J. 22 June 1984
REASONS FOR JUDGMENT
Cypermethrin is an essential ingredient in certain insect killing chemical products or ectoparasiticides for use on sheep. The applicants market such a product under the brand name Spurt; the respondent also markets one under the brand name
Outf lank.
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