Federal Court of Australia
JUDGMENT No. 261. 722
CATCHWORDS ans , - \
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> * 2 >4 en ' oo 0 >) \- TRADE PRACTICES - misleading and deceptive conduct - gtaténent ' tor, - =
s
\ fe ed shareholders relating to acquisition by subsidiary" 'company. "+, ae &
\ us
allegedly misleading summary of concerns expressed by independent accountants - unsuitability of interim injunction to "Pegdie. e detail of commercial debate in takeover context ~ serious question to be tried and balance of convenience favouring applicants in
respect of one statement ~ interim relief granted in part.
Trade Practices Act 1974 s.52
MULLINS INVESTMENTS PTY LTD, STYLEWEST NOMINEES PTY LTD and MYTRON PTY LTD, FALCON AUSTRALIA LIMITED, MINEFIELDS EXPLORATION NL, INTERCAPITAL HOLDINGS LIMITED and MAXWELL DE RUSSO
No. WAG 89 of 1988
FRENCH J. PERTH 6 JULY 1988
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
eee
BETWEEN:
No. WAG 89 of 1988
MULLINS INVESTMENTS PTY LTD
STYLEWEST NOMINEES PTY LTD
and MYTRON PTY LTD First Applicants
and
FALCON AUSTRALIA LIMITED Second Applicant
and
MINEFIELDS EXPLORATION NL Third Applicant
and
INTERCAPITAL HOLDINGS LIMITED
First Respondent
and MAXWELL DE RUSSO
Second Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 6 JULY 1988 WHERE MADE: PERTH
THE COURT ORDERS THAT:
Upon the applicants and each of them undertaking to this Court
that they will pay to
interlocutory injunction granted in favour of the applicants
compensation (if any) as the
any party
adversely
Court thinks just in such manner
affected by
any such
as
the Court directs IT IS ORDERED THAT:-
The respondents and each of them, whether by themselves, their servants or agents or otherwise, be and are hereby restrained until the trial of this action or further order from repeating or publishing the statement, or any statement to the effect, that in its report of March/April 1988 on the proposed acquisition by Chariah Resources NL of interests in Falcon Australia Limited and Minefields Exploration NL the firm of accountants Arthur Andersen & Co. said or expressed any concern that none of the gold or oil tenements held by those companies or their subsidiaries were the subject of
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