Federal Court of Australia
CATCHWORDS
Trade Practices - misleading or deceptive conduct - application for injunction restraining respondent from appointing a receiver or receiver and manager pursuant to a deed of mortgage - whether a serious question to be tried - whether alleged representations capable of constituting representations as pleaded - whether representations constitute misleading and deceptive conduct - consideration of the
balance of convenience - matters relevant to discretion.
Trade Practices Act 1974: ss. 52, 80(2).
JOHN RHODIN & SON PTY, LIMITED v. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED :
G 77 of 1985 LOCKHART J. 17 APRIL 1985
Sete nee ee ere te ee ee
IN _THE FEDERAL COURT OF AUSTRALIA
wae Sere ee
eee nee - ary --
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G 77 of 1985
BETWEEN : JOHN RHODIN & SON PTY. LIMITED Applicant AND: AUSTRALIA AND NEW ZEALAND
BANKING GROUP LIMITED
Respondent
MINUTE OF ORDER
THE COURT ORDERS THAT:
The injunction granted by this Court on 14 April 1985 that Australia and New Zealand Banking Group Limited by itself, its servants and agents be restrained up to and including Tuesday, 16 April 1985 from exercising the power of appointment of a Manager and/or Receiver under a Mortgage
Debenture dated 4 March 1985 be discharged;
The notice of motion of 15 April 1985 be dismissed;
The costs of this application for interlocutory injunctive
relief be the respondent's costs in the proceedings; and
The matter be adjourned for further directions to Friday, 26
April 1985 at 9.30 a.m.
NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
Spree wep Bn peered ee eo -- wane ee ow one -
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 77 of 1985 ) GENERAL DIVISION )
BETWEEN : JOHN RHODIN & SON PTY. LIMITED Applicant AND: AUSTRALIA AND NEW ZEALAND
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate