Bondpark Pty Ltd v Genex Corporation Pty Ltd & Ors [1987] FCA 585

<JBGMENT No. 9.8:32.../--B Lane

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTR ISTRY » VG No. 413 of 1987 ) y

GENERAL DIVISION

BETWEEN: BONDPARK PTY LID Applicant

AND: GENEX CORPORATION PTY LTD First Respondent

GREGORY HOWISON

Second Respondent

NEIL COTTER Third Respondent

MICHAEL KERRISON Fourth Respondent

KEVIN McMULLIN Fifth Respondent

FRED LERNER Sixth Respondent

CORAM: Ryan J

DATE: 29 October 1987 Ke 3 OOCT 1987

FEDERAL COUAT OF AUSTRALI

RALIA waiter

REASONS FOR J

The applicant has sought an abridgement of time to enable its application for interlocutory relief to be brought on for hearing quickly, and has sought interim orders to

restrain the respondents in the meantime from continuing to

engage in conduct allegedly in contravention of ss.52 and

53(c) and (d) of the Trade Practices Act 1974 ("the Act"). The respondents had notice of the application which was made

ex parte on 22 October 1986 and appeared by counsel to oppose the grant of any interim relief.

The evidence discloses that Mr Uechtritz, the Managing Director of the applicant, was, until the end of 1987, like the second, third, fourth fifth and sixth respondents, a director of the first respondent, a wholly owned subsidiary of Rabbit Photo Holdings Ltd. Mr Uechtritz was a substantial shareholder in Rabbit Holdings Ltd, having about 9.25% of its issued capital after it became a publicly listed company in 1985. In December 1986, after a disagreement with the third respondent, Mr Cottee, the Chairman of Directors of Rabbit Holdings Ltd, Mr Uechtritz sold his shares in that company and resolved to form his own company, the applicant, to engage in vigorous competition in the retail and mail order trade in processing photographic films. Mr Uechtritz's formation of that intention received considerable

publicity in the business and financial Press and in journals