Federal Court of Australia
FOR LIMITED DISTRIBUTION
CATCHWORDS Trade Practices - Misleading or deceptive conduct - Application for interlocutty injunctions - Statements made in report concerning
operation and termination of a mine management agreement.
Trade Practices Act 1974, s. 52
ELDERS CED LIMITED and ELDERS RESOURCES LIMITED v.
ZANEX LIMITED and
PETER JOHN STERLING
G270 of 1986
LOCKHART J. SYDNEY
22 JULY 1986
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2140CTiI96 =|
FEDERAL COURT OF AUSTRALIA
2A PRINCIPAL we, REGISTRY A
FOR LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRLIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G270 of 1986 ) )
GENERAL DIVISION
ELDERS CED LIMITED First Applicant
ELDERS RESOURCES LIMITED Second Applicant
ZANEX LIMITED First Respondent
PETER JOHN STERLING Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: LOCKHART J. WHERE ORDER MADE: SYDNEY DATE OF ORDER: 22 JULY 1986
THE COURT ORDERS THAT:
l.
NOTE:
Upon the applicants, by their counsel, giving the usual undertaking as to damages, the injunctions granted on 17 July 1986 shall be continued until the hearing of the proceeding or further order, save that paragraph 1({a)(B) of the application 1s amended so that the date Of the agreement between the First Applicant and the First Respondent reads 14 February 1985.
The costs of the proceeding today shail be the applicant's
costs in the proceedings.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
FOP LIMITED DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRLIA
NEW SOUTH WALES DISTRICT REGISTRY No. G270 of 1986
weer rw
GENERAL DIVISION
ELDERS CED LIMITED First Applicant ELDERS RESOURCES LIMITED
Second Applicant ZANEX LIMITED First Respondent
PETER JOHN STERLING
Second Respondent
22 JULY 1986
REASONS FOR JUDGMENT
LOCKHART J.
This is an application for interlocutory injunctive relief by two companies, Elders CED Limited ("Elders CED") and Elders Resources Limited. They seek to restrain Zanex Limited ("Zanex") and Peter John Sterling, the chairman of the board of directors of Zanex from, in essence, making statements orally or in writing to the effect that Zanex terminated a management agreement between Elders CED and Zanex, and further, from stating that that agreement was terminated on
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