Dialog Pty Ltd v Addease Pty Ltd [2002] FCA 600

FEDERAL COURT OF AUSTRALIA

Dialog Pty Ltd v Addease Pty Ltd [2002] FCA 600

PRACTICE AND PROCEDURE - Injunctions - interlocutory injunction - application for interlocutory mandatory injunction to obtain bank guarantee to secure monies owed under contract - whether serious question to be tried - whether balance of convenience favours granting interlocutory relief - whether high degree of assurance that at trial it will appear that the injunction was rightly granted. Trade Practices Act 1974 (Cth) State of Queensland v Australian Telecommunications Commission (1985) 59 ALJR 562 Active Leisure (Sports) Pty Ltd v Sportsman's Australia Limited [1991] 1 QdR 301 (FC) Jackson v Stirling Industries Ltd (1987) 162 CLR 612 DIALOG PTY LTD v ADDEASE PTY LTD AND GEORGE MICHAEL MIHAILIDES Q235 OF 2001 COOPER J BRISBANE 10 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q235 OF 2001

BETWEEN: DIALOG PTY LTD ACN 010 089 175

APPLICANT

AND: ADDEASE PTY LTD ACN 007 212 768

FIRST RESPONDENT

GEORGE MICHAEL MIHAILIDES

SECOND RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The cross-respondent, within fourteen days of the date of this order, provide to the second cross-claimant a bank guarantee securing payment by the cross-respondent of $150,000 per year until 30 November 2004 in accordance with clause 3(c) of a Contract of Employment between the cross-respondent, as employer, and the second cross-claimant, as employee, dated 1 December 1999. 2. The cross-respondent pay the second cross-claimant's costs of and incidental to the application for interlocutory injunctive relief, to be taxed if not agreed. 3. Liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.