Novamaze Pty Ltd & Ors v Cut Price Deli Pty Ltd & Ors [1995] FCA 42

CATCHWORDS CONTRACT - Clause permitting franchisor to take over management of franchisee's business if franchisee instituted legal proceedings against franchisor arguably void and unenforceable as ouster of jurisdiction of court - interlocutory injunction restraining take over granted. Trade Practices Act 1974 - ss 52 and 87 Czarnikow v Roth, Schmidt and Company [1922] 2 KB 478 Referred to JAD International Pty. Ltd. v International Trucks Australia Limited (1994) 50 FCR 378 Referred to Scott v Avery (1856) 5 HLC 810 Referred to Tomlinson v Cut Price Deli Pty. Limited (1992) 38 FCR 490 Referred to Dobbs v The National Bank of Australasia Limited (1935) 53 CLR 643 Referred to Novamaze Pty. Ltd. & Ors. v Cut Price Deli Pty. Limited & Ors. QG 149 of 1994 Drummond J Brisbane 6 February, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 149 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: NOVAMAZE PTY. LTD. First Applicant AND: DARRYL PAUL WEEDMAN and ELAINE MARGARET WEEDMAN Second Applicants AND: CUT PRICE DELI PTY. LIMITED First Respondent AND: ENZO SGAMBELLONE Second Respondent AND: LUZETTE McKENZIE Third Respondent AND: BERNE NO. 7 PTY. LTD. Fourth Respondent RUSSELL GORDON DONALD and VIVIAN ANNE DONALD Fifth Respondents MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 6 February, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. Upon each of the applicants giving the usual undertaking as to damages, the first respondent, whether by itself or its servants or agents or any of them or otherwise, be restrained until the trial of this action, or earlier order, from entering into possession of the applicants' business operated from the Cut Price Deli shop, Stafford Shopping Centre and the plant and equipment and stock situated thereat and from entering upon the premises at the Stafford Shopping Centre from which the applicants conduct the said business. 2. The first respondent, whether by itself or its servants or agents or any of them or otherwise, be restrained until the trial of this action, or earlier order, from advising the suppliers to the applicants' business operated from the Cut Price Deli shop, Stafford Shopping Centre that the first respondent is or will be taking possession of the said business. 3. The costs of and incidental to this motion are reserved. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.