Federal Court of Australia
NOYvE: NOT APPROPRLIAIC FOR RMPORTING OR TOR GHNERAL CIRCULATION.
(AEW)
222 Jo GleQ
| CATCHWORDS
TTT
TRADE PRACTICES ~ deceptive and misleading conduct - breach of
confidence - undertaking offered - sufficient case made out for
interlocutary relief - whether on the balance of convenience
injunctions should issue.
Trade Practices Act 1974 5.52
C, SEREBRYANSKI AND ANOR. v JALNA DATRY FOODS PTY. LIMITED
No. VG 203 of 1984
Woodward J. 16 July 1984 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 203 of 1984
GENERAL DIVISTON
EX TEMPORE JUDGMENT
BETWEEN:
C, SEREBRYANSKI AND ANOR. Applicent v dALNA DAIRY FOODS PTV. LIMITED Respondent ORDER
UUDGE MAKING ORDER : Woodward d. DATE OF ORDER : 16 July 1984
WHERE MADE "—- ¢ Melbourne
THE COURT ORDERS THAT:
1. Application for interlocutory injunctions dismissed.
2. Costs reserved.
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IN THE FEDERAL COURT OF AUSTRALTA
VICTORIA DISTRICT REGISTRY No. VG 203 of 1984
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GENERAL DIVISTON
EX TEMPORE JUDGMENT.
BETWEEN :
C. SEREBRYANSKI AND ANOR. Applicent Vv JALNA DAIRY FOODS PTY. LIMITED Respondent
JUDGE: Woodward d.
DATE: 16 July 1984
REASONS FOR JUDGMENT
This 15 an application by the partners in a firm whicn earrics on business as a wholesale distributor of groceries, dairy produce and other foods. In the course of that business it has for the last several years distributed the products of the respondent company to some 75 outlets in the city of Sydney. That
arrangement has now been terminated.
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The produce involved, so far as the respondent is concerned, is cultured dairy food, cottage cheese and similar products. Obviously the respondent, in the absence of any contract for a fixed term (as to which there 15 no evidence before me), is entitled to bring to an end the agreement whereby the applicants distribute its goods. It claims to have had a number of good commercial reasons for doing so, which can be sunmar.ized by saying that it claims that the applicants have not been as successful as they should have been, and have added to the cost of the respondent's products by an excessive mark-up. It is also said that the applicants have been unsatisfactory in making payments to the respondent, although J must say that, aus the evidence stands, any default under thot heading does not sce ta
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