Federal Court of Australia
JUDGMENT No. £9! {&1.
(LIMITED DISTRIBUTION) .
CATCHWORDS
TRADE PRACTICES - misleading conduct - purported termination
of franchise agreement by franchisor - franchisee continuing to operate franchise - whether interlocutory injunction should issue - validity of termination - balance of
convenience where franchise concerned.
Trade Practices Act 1974, ss.52 and 53
MINISKIPS LIMITED v SHELTAN PTY LTD
No. VG 441 of 1987
Woodward J. 3 December 1987 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA MELBOURNE DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN:
No. VG 441 of 1987
MINISKIPS LIMITED Applicant and SHELTAN PTY LTD Respondents
MINUTES OF ORDER
COURT: Woodward J.
DATE: 3 December 1987
PLACE: Melbourne
THE COURT ORDERS THAT:
(1)
(2)
(NOTE:
Upon the usual undertaking being given by counsel for the applicant, the respondent, by itself, its directors, officers, servants or agents or otherwise howsoever be restrained in terms of the order of Northrop J made 13 November 1987 until the
trial of the action herein or further order.
Costs of this application for an interlocutory
injunction be reserved.
Settlement and entry of orders is dealt with in 0.36 of the Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA
MELBOURNE DISTRICT REGISTRY No. VG 441 of 1987
GENERAL DIVISION
BETWEEN:
MINISKIPS LIMITED Applicant and SHELTAN PTY LTD Respondents
COURT: Woodward J.
DATE: 3 December 1987
PLACE: Melbourne
REASONS FOR JUDGMENT
This 1s an application for an interlocutory injunction in proceedings brought chiefly under ss.52 and 53
of the Trade Practices Act 1974.
The applicant 1s in the business of removing household and garden waste by hiring out moderate-sized containers or skips for the householder to f111, and then collecting these and disposing of the contents. The applicant has advertised the availability of the service very widely, particularly on television, and has spent over $3m in two and a half years. However, until recently, the company
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