Allied Express Pty Ltd v Amalgamated Transport Services Pty Ltd & Ors [1995] FCA 312

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 3200 of 1995 ) GENERAL DIVISION )

BETWEEN: ALLIED EXPRESS PTY LTD Applicant AND: AMALGAMATED TRANSPORT SERVICES PTY LIMITED First Respondent PHILLIP PLEWS Second Respondent ANDREW BAILEY Third Respondent

CORAM: Burchett J. PLACE: Sydney DATE : 28 April 1995

REASONS FOR JUDGMENT

BURCHETT J.:

In this matter, I am asked to grant an interlocutory injunction, as a matter of great urgency, to prevent the coming into effect of a contract on Monday morning. I am far from satisfied that any damage sustained would be irremediable. But, in any event, the evidence does not afford any ground for any kind of assurance that there is a reasonable prospect that the applicant would secure the continuance of its own contractual relations, which it is the object of the application to secure, if I were to grant an injunction. On the other hand, it is clear that great disruption would be caused, not only to the respondents who have been joined in the proceeding, but also to a third party with whom contractual arrangements have been entered into. In the circumstances, and assuming for the purposes of dealing with this matter that a sufficient case has been made out, I think the balance of convenience does not favour the applicant, and that I ought to refuse the interlocutory injunction sought. Accordingly, I do refuse it. As to the matter of an appropriate costs order, I simply reserve all questions of costs.

I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of his Honour Justice Burchett.

Associate: Date: 17 May 1995

Counsel for the Applicant: Mr K.P. Smark Solicitors for the Applicant: Macree Scully Karras Counsel for the Respondents: R.F. Margo Solicitors for the Respondents: Baskin & Lewis Date of hearing: 28 April 1995