Federal Court of Australia
VATCHNURDS
Practice and Procedure - application for leave to appeal - mandatory interlocutory injunction - whether it was shown that primary judgment was wrong, or at least attended with sufficient doubt to justity granting leave, or that substantial injustice would be done by leaving the judgment unreversed, or that there were any other circumstances which would justity the grant ot leave, assuming without deciding that the motion to a Full Court
for leave, was competent.
'
Niemann v. Blectronic Industries Ltd (1978) VR 431
Adam —. Brown Male Fashions Pty Ltd v. Philip Morris Inc (1981) 148 CLR 170, at 177.
Commissioner ot 'Taxation v. Nestle Australia Limited ¢«G 346 of
1986, 5 November 1986)
ASPAR AUTOBAKN Q-OPERATIVE SOCIETY & ORS v. DOVAGA PTY LIMITED &
ORS
VG 295 OF 1986
Sweeney, Northrop & Keely JJ.
Melbourne
21 November, 1986
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN :
~- eevee
ASPAR AUTOBARN CO-UPERATIVE SOCIETY
NO. VG 295 of 1986
LIMITED
RAMPANT HOLDINGS PTY LIMTED BL-NIDO NOMINEES PTY LIMITED CARAC SALES PTY LIMITED AITH PTY LIMITED
McNIVENS PTY LIMITED
WARRAGUL AUTO ACCESSORIES PTY
LIMITED HIGHTAC PTY LIMITED
First Applicant
Second Applicant
Third Applicant
Fourth Applicant
Fifth Applicant
Sixth Applicant
Seventh Applicant
Eighth Applicant
JUDALEX [INVESTMENTS PTY LIMITED
MORNINGTON SPEED SHOP PTY LIMITED
& J ACCESSORIES PTY ELIMI
Ninth Applicant
Tenth Applicant
Eleventh Applicant
WIMMERA SPEED & AUTO CENTRE PTY
LIMITED AUTOPART CENTRE PTY LIMITED
Twelfth Applicant
Thirteenth Applicant
PROFESSIONAL PERFORMANCE +a tirm)
Fourteenth Applicant
AND: DOVALA PTY LIMITED First Respondent
VICTOR DEMERIS Second Respondent PREBEN HUNDAHGL Third Respondent DONALD MORRIS Fourth Respondent PATCHSELL PTY LIMITED Fifth Respondent
THE COURT: Sweeney, Northrop and Keely JJ. DATE JUDGMENT DELIVERED: 10 November, 1986
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