Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Agro Holdings Ltd v Flexi-Coil (Australia) Pty Ltd [1999] FCA 1658 EQUITY – interim injunction – whether serious question to be tried – termination of dealership in agricultural equipment – whether respondent entitled to terminate without notice – whether Dealership Agreement a Franchise Agreement – whether evidence to support claimed representations – whether evidence of respondent's managing director concerning reasons for termination credible – whether case for loss or damage – balance of convenience. Trade Practices Act 1974 (Cth) Epitoma Pty Ltd v. Australian Meat Industries Employees' Union No. 2 (1984) 3 FCR 55 applied OD Transport Pty Ltd. v. Western Australian Government Railways Commission (1986) 13 FCR 270 cited Bullock v. Federated Furnishing Trades Society of Australasia No. 1 (1985) 5 FCR 464 cited Business World Computers Pty Ltd v. Australian Telecommunications Commission (1988) 82 ALR 499 cited Kizbeau Pty Ltd v. WG & B Pty Ltd (1995) 184 CLR 281applied Gatsby v. City Mutual Life Assurance Society Ltd. (1986) 160 CLR 1 cited
AGRO HOLDINGS LTD v FLEXI-COIL (AUSTRALIA) PTY LTD
W 129 of 1999 R D NICHOLSON J PERTH 26 NOVEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 129 of 1999
BETWEEN: AGRO HOLDINGS LTD
Applicant
AND: FLEXI-COIL (AUSTRALIA) PTY LTD
Respondent
JUDGE: R D NICHOLSON J
DATE OF ORDER: 26 NOVEMBER 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application for an interim injunction be refused. 2. Counsel be heard as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W 129 of 1999
BETWEEN: AGRO HOLDINGS LTD
Applicant
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