Liebach Holdings Pty Ltd v Optus Networks Pty Ltd [2001] FCA 485

FEDERAL COURT OF AUSTRALIA

Liebach Holdings Pty Ltd v Optus Networks Pty Ltd [2001] FCA 485

LIEBACH HOLDINGS PTY LTD AND MARK LIEBACH v OPTUS NETWORKS PTY LTD AND OPTUS MOBILE PTY LTD V 193 of 2001 GRAY J 11 APRIL 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 193 OF 2001

BETWEEN: LIEBACH HOLDINGS PTY LTD (ACN 081 999 144)

FIRST APPLICANT

MARK LIEBACH

SECOND APPLICANT

AND: OPTUS NETWORKS PTY LTD (ACN 008 570 330)

FIRST RESPONDENT

OPTUS MOBILE PTY LTD (ACN 054 365 696)

SECOND RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 11 APRIL 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for interlocutory relief is dismissed. 2. The proceeding be listed for directions on 23 April 2001. 3. The applicants pay the respondents' costs of today. 4. Otherwise the costs of the application for interlocutory relief be reserved. 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 V 193 OF 2001

BETWEEN: LIEBACH HOLDINGS PTY LTD (ACN 081 999 144)

FIRST APPLICANT

MARK LIEBACH

SECOND APPLICANT

AND: OPTUS NETWORKS PTY LTD (ACN 008 570 330)

FIRST RESPONDENT

OPTUS MOBILE PTY LTD (ACN 054 365 696)

SECOND RESPONDENT

JUDGE: GRAY J

DATE: 11 APRIL 2001

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This application for interlocutory relief arises out of issues as to the franchising by the respondents of their business through retail outlets. The respondents are in the business of providing telephone services, particularly mobile telephone services. Those services, together with the telephones by which they are operated, are generally sold to the public through retail stores. The respondents operate a scheme for franchising those retail stores. 2 The first applicant is a franchisee with respect to a store in Dandenong. The first applicant is a company controlled by the second applicant. What is in one sense a rival franchise is operated at North Dandenong by a company called Digital World Pty Ltd, which is controlled by a Mr Mustica. The first applicant conducts its franchise currently through a five year franchise agreement which commenced to operate on 5 October 2000.