Federal Court of Australia
NOT FOR FURTHER DISTRIBUTION
IN THE FEDERAL COURT OF AUSTPALTA ' - ) . VICTORIA DISTRICT REGISTRY } Ve. No. G 237 of 15996
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)
GENERAL DIVISION
BETWEEN :
CARNELYA PTY. LTD.
'trading as F.G. FREIGHT SEFVICES) Apslicant and FREIGHT SERVICES FORWARDING PIY. LTD. and HALFORD YOUNGS PY. LTD. Fespondents
COURT: NORTHROP J.
DATE: 1 AUGUST 1986
PLACE: MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
The applicant, which 15 a company trading as F.G. Freight Services, is seeking intarlocutory injunctions
restraining the respondents Freight Services Forw.
uu
rding Pty. Ltd. and Halford Youngs fty. Ltd., and thaie servants and agents from directly or indirectly trading or dealiny with the former Victorian customers of Freight (Australia) Pty. Ltd., tm liquidation, in Victoria, being those rustomers set out in exhibit FG4+ to the affidavit of Frank Richard Guerra sworn on the llth day of June 1986 and filed herein. During
the course of the hearing of that motion caunsel for the
appearing, the word: "marked M", 49 Shat Ehe restriction would apply toa those customers marked M, get sut ain the
relevant exhibit.
The facts giving rise to the oresent motion can be stated shortly. Indo-Atlantic Freight (Australia) Pty. Ltd., in liquidation, was carrying on business as customs agents in Australia and had an Australia-wide clientele in relation to that work. In 1985 that company went into Liquidation. Before going into Liquidation 1ts general manager requested the company Freight Services Forwarding Fty. Ltd. toa complete the existing work of Indo-Atlantic Freight. This was cone in August of 1935 prior to that company going inta Liquidation.
The head office af Indco-Atlantic Freignt was situated ain
tomers and customer accounts
a ia)
Sydney and the data base of cu
wa
was kept in Sydnery. From time to time a docum
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