Federal Court of Australia
=~ wm
Ly Li
JUDGMENT No. 29248!
CATCHWORDS Iniunctions - interlocutory relief - balance of convenience and discretion - agreement for management of hotel - whether Court
should grant interlocutory injunctive relief restraining breach of management agreement - question of need for continuing co-operation and confidence onthe part of parties - whether grant of iniunction would involve specific performance of agreement - assessment of strenath of respondents' case that manager in breach of fundamental provisions of management agreement with consequence that agreement no longer on foot - restraint of breach of provision of agreement conferring right of
first refusal on manager in the event of owner wishing to sell.
HOLIDAY INNS (PACIFIC) INC. and ANOR. v. LETSURE DEVELOPMENTS
(QLD) PTY LIMITED and ORS. No. G469 of 1987
Coram: Sheppard J. Place: Sydney
Date : 7 October 1987
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 6469 of 19987
wewre wn
GENERAL DIVISION
BETWEEN: HOLIDAY INNS (PACIFIC) INC. and ANOR. Applicants AND:
LEISURE DEVELOPMENTS (OLD)
PTY LIMITED and ORS. Respondents
CORAM: SHEPPARD J. PLACE: SYDNEY DATE : 7 OCTOBER 1987
MINUTES OF ORDER
For Orders see p. 26 and annexure hereto
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY No. G469 of 1987
eww wer
GENERAL DIVISION
BETWEEN: HOLIDAY INNS (PACIFIC) INC. and _ANOR. Applicants AND:
LEISURE DEVELOPMENTS (QLD) PLY LIMITED and ORS.
Respondents
CORAM: SHEPPARD J. DATE : 7 OCTOBER 1987
REASONS FOR JUDGMENT
HIS HONOUR: This is an application for interlocutory relief. The application was made partly to restrain the use of the Holiday Inns name and the infringement of certain Holiday Inns trade marks bv the respondents who, it was said, were threatening to use the Holiday Inns name or a name said to be substantially similar thereto, Holiday Plaza. But this was not the essential matter at the heart of the applicants' case. That case was that
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate