Federal Court of Australia
CATCHWORDS INJUNCTIONS - interlocutory interim injunctions - no serious question to be tried - damages an appropriate remedy - balance of convenience against granting of injunctive relief. TRADE PRACTICES - misleading and deceptive conduct - respondent not yet in contravention of s 52 of Trade Practices Act 1974 - applicant not yet suffered loss and damage. Trade Practices Act 1974, s 52, s 82, s 87. AUSTRALIA CROISSANT PTY LTD and AUSTRALIA ON COLLINS PTY LTD
NO VG 97/95 Olney J Melbourne 15 February 1995.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 97/95 B E T W E E N: AUSTRALIA CROISSANT PTY LTD Applicant - and - AUSTRALIA ON COLLINS PTY LTD Respondent Coram: Olney J Place: Melbourne Date: 15 February 1995 MINUTE OF ORDER THE COURT ORDERS THAT the applicant's notice of motion dated 13 February 1995 be dismissed with costs. AND THE COURT DIRECTS: 1. The applicant file and serve a statement of claim and any amended application on or before 8 March 1995. 2. The respondent file and serve its defence on or before 16 March 1995. 3. The applicant and respondent file and serve sworn lists of documents on or before 30 March 1995. 4. The directions hearing be adjourned to 7 April 1995. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION No VG 97/95 B E T W E E N: AUSTRALIA CROISSANT PTY LTD Applicant - and - AUSTRALIA ON COLLINS PTY LTD Respondent Coram: Olney J Place: Melbourne Date: 15 February 1995 REASONS FOR JUDGMENT By application filed on 13 February 1995 (and since amended) the applicant claims: 1. Injunctions, including interim and interlocutory injunctions, restraining the respondent from permitting any person to sell any sandwiches or rolls or cappuccinos from premises in the Food Court at Australia on Collins, 260 Collins Street, Melbourne unless such person was selling sandwiches or rolls or cappuccinos as at 10 February, 1995. 2. Damages, including damages under s 82 of the Trade Practices Act 1974 and for breach of collateral contract between the applicant and the respondent.
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