Chenoa Pty Ltd v The Shell Company of Australia Ltd [1986] FCA 365

NOTE: Not considered appropriate for reporting - limited distribution only.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 273 of 1985

GENERAL DIVISION

BETWEEN :

CHENOA PTY LIMITED Applicant

and

THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent

MINUTES OF ORDER

COURT: Woodward J. DATE: 22 August 1986

PLACE: Melbourne

THE COURT ORDERS THAT:

1. Upon the applicant giving the usual undertaking as to

damages, the respondent be restrained until the final determination of this action, or until further order, from varying the rates of commission allowed and paid by the respondent to the applicant from those applying

between the parties in June 1986.

(NOTE:

The respondent pay the applicant's costs, other than the costs of senior counsel, of the notice of motion dated 12 August 1986 and the amended notice of motion dated

14 August 1986.

Settlement and entry of orders is dealt with in 0.36 of

the Federal Court Rules.)

ste 4 a

NOTE: Not considered appropriate for reporting - limited distribution only.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 273 of 1985

GENERAL DIVISION

BETWEEN :

CHENOA PTY LIMITED Applicant and

THE SHELL COMPANY OF AUSTRALIA LIMITED Respondent

COURT: Woodward J. DATE: 22 August 1986

PLACE: Melbourne

REASONS FOR JUDGMENT

This is an application, by way of notice of motion, for an interlocutory injunction which, in my opinion, should never have come to a hearing. In the final analysis, the point at issue is which party should have control of an amount of some $2500 per month, pending the determination of an action which is due to come

to trial in two or three months time.

The important question at issue in the ultimate hearing is whether the respondent has validly terminated the Consignment Distributor Agreement under which the applicant has for several