Australian Competition & Consumer Commission v Simply No-Knead (Franchising) Pty Ltd [1999] FCA 1842

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Simply No‑Knead (Franchising) Pty Ltd [1999] FCA 1842

PRACTICE AND PROCEDURE ‑ Franchisor's proceeding against franchisees in State Court for breach of franchise agreement ‑ Later proceeding against franchisor by Australian Competition and Consumer Commission in Federal Court for contravention of s 51AC(1) of Trade Practices Act ‑ Commission's application for interlocutory injunction restraining continuance of State Court proceeding ‑ Franchisor's application for stay of Federal Court proceeding ‑ Whether Federal Court clearly inappropriate forum ‑ Relationship between injunction and stay applications

Trade Practices Act 1974 (Cth) s 51AC(1) CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SIMPLY NO‑KNEAD (FRANCHISING) PTY LTD and CAMERON BATES V 318 OF 1999 SUNDBERG J 24 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V318 OF 1999

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: SIMPLY NO-KNEAD (FRANCHISING) PTY LTD

First Respondent

CAMERON BATES

Second Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 24 DECEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The claim to the relief sought in paragraph 1A of the respondents' notice of motion filed on 4 October 1999 be dismissed.

2. On condition that by 5:00 pm on 4 February 2000 the applicant shall have filed an undertaking by Lola Margaret Bult and Barry Francis Bult that they and each of them will not until the hearing and determination of matter V318 of 1999 in the Federal Court of Australia take any steps to prosecute their counterclaim in matter L02812203 in the Magistrates' Court at Frankston, the first respondent its servants and agents be restrained pending the hearing and determination of matter V318 of 1999 from prosecuting matter L02812203.