Lloyds Ships Holdings Pty Ltd v. Davros Pty Ltd & Ors [1987] FCA 102

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CATCHWORDS

CONTRACT - restraint of trade clause - challenge to validity on grounds of uncertainty, public policy and unreasonableness - specialised business - limited market - protection of goodwill integral part of transaction - whether restraint reasonably necessary to protect the interests of the covenantee - whether applicants defeated by delay laches and acquiescence - equitable relief under principle in Trego v. Hunt £18961 A.C. 7.

CONTRACT - purported rescission of deed of settlement - breach of deed admitted - whether clause a condition - whether breach

remedied by subsequent payment - effect of rescission on restraint of trade clause.

DEFAMATION - representations made in United States as to the financial position of the applicants - whether representations amounted to defamation, injurious falsehood or misleading or deceptive conduct.

TRADE PRACTICES - consumer protection - misleading or deceptive conduct - passing off - sale of shipbuilding business known as "Lloyds Ships" - restraint of trade clause - subsequent carrying on by respondents of the business of shipbuilding in close proximity by reference to similar names - alleged representations of continuity of and a connexion with the business sold - specialised business of luxury motor vessels - limited market - whether conduct constitutes contraventions of s.52 of the Trade Practices Act 1974.

Trade Practices Act 1974 Bounty (Ships) Act 1980

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Amoco Australia Pty. Limited v. Rocca Bros. Motor Engineering Co. Pty. Ltd. (1972-3) 133 C.L.R. 288. Herbert Morris, Limited v. Saxelby £19161] 1 A.C. 688.

Esso Petroleum Co. Ltd. v. Harper's Garage (Stourport) Ltd. £19681 A.C. 269.

Hawkesbury Bakery Pty.Ltd. v. Moses £19651 N.S.W.R. 1242.

The Queensland Co-operative Milling Association v. Pamag Pty. Limited (1973) 133 C.L.R. 260.