Federal Court of Australia
TRADE PRACTICES - interlocutory relief - contract for provision of catering and cleaning services to mining company - licence to occupy supermarket premises - termination on notice clauses in
contract and in licence - precontractual promises not to terminate except on cessation of mining operation - serious question to be tried - doubtful claim - balance of convenience even - claim for
interlocutory relief dismissed.
Trade Practices Act 1974
Co-Operative Bulk Handling Limited v Waterside Workers Federation of Australia and Others (1983) 51 ALR 79 Bullock and Others v The Federated Fuxnishing Trades Society of
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Australasia and Others (1985) 5 FCR 464 J.C. Williamson Ltd v Lukey & Mulholland (1931) 45 CLR 289
Ampol Petroleum Ltd v Mutton (1952) 53 SR(NSW) 1
SPOTLESS CATERING SERVICES LID v WESTERN MINING CORPORATION LIMITED No. WAG 77 of 1987
FRENCH J. PERTH 27 July 1987
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IN THE PEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )
)
GENERAL DIVISION No. WAG 77 of 1987
BETWEEN: SPOTLESS CATERING SERVICES Applicant and WESTERN MINING CORPORATION Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 27 JUNE 1987 WHERE MADE: Perth
THE COURT ORDERS THAT:-—
1. Claim for interlocutory relief dismissed.
2. Costs reserved.
Note: Settlement and entry of orders is dealt
with in Order 36 of the Federal Court Rules.
LID
LIMITED
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WAG 77 of 1987
BETWEEN: SPOTLESS CATERING SERVICES LTD APPLICANT
and
WESTERN MINING CORPORATION LIMITED
Respondent
CORAM: FRENCH J. 27 July 1987
REASONS FOR JUDGMENT
Western Mining Corporation Limited ("WMC") conducts a
nickel mine at Windarra near Laverton in Western Australia.
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