Alulite Pty Ltd v Harris Scarfe Ltd & Ors [1984] FCA 248

, ae FURTHER DISTRIBUTION UNNECESSARY JUDGMENT No 24K | St

IN THE FEDERAL COURT OF AUSTRALIA )

) SOUTH AUSTRALIA DISTRICT REGISTRY )

GENERAL DIVISION )

S.A. No. G.

BETWEEN :

ALULITE PTY. LIMITED

Applicant

HARRIS SCARFE LIMITED, HARRY'S HOME CENTRE trading as HARRY'S HARDWARE

2 AUGUST, 1984 KEELY J.

EX TEMPORE REASONS FOR JUDGMENT

1. REVISED FROM TRANSCRIPT

IN _ THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. G. 26 of 1984 ) GENERAL DIVISION )

ALULITE PTY. LIMITED

Applicant

AND :

HARRIS SCARFE LIMITED, HARRY'S HOME CENTRE trading as HARRY'S HARDWARE

Respondents

2 AUGUST, 1984 KEELY J.

EX TEMPORE REASONS FOR JUDGMENT

The applicant yesterday sought leave to amend the application by adding an additional claim for interlocutory

relief in the following terms

"(c) An injunction pursuant to section 80 of the Trade Practices Act, restraining the respondents,

whether by themselves, their servants or agents, from engaging in any conduct constituting a contravention of section 52 of that Act."

2. That application was opposed but I have decided that leave should be granted to so amend the application, although the form of the injunction would require consideration if the Court decided that an interlocutory injunction should be

granted.

It should perhaps be added that leave was granted

yesterday to the applicant by consent to amend the

application by deleting the words "second respondent" wherever occurring, and substituting the words "the respondents". The appropriate amendments to the original

application are to be made by the applicant's solicitors, and leave is granted to the applicant to make consequential