Meridian Financial Pty Ltd v Australian Unity Limited [2003] FCA 891

FEDERAL COURT OF AUSTRALIA

Meridian Financial Pty Ltd v Australian Unity Limited [2003] FCA 891 NO CATCHWORDS

State Transport Authority v Apex Quarries Ltd [1988)]VR 187 cited

Sanderson Motor Sales Pty Ltd v York Star Motors Pty Ltd (1983) 1 NSWLR 513 cited

Axxess Australia Pty Ltd v Primus Telecommunications Australia Pty Ltd [2000] VSC 64 cited

MERIDIAN FINANCIAL PTY LTD & ANOR v AUSTRALIAN UNITY LTD & ANOR V 649 of 2003 HEEREY J 21 AUGUST 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V649 OF 2003

BETWEEN: MERIDIAN FINANCIAL PTY LTD ACN 006 275 592

FIRST APPLICANT

MERIDIAN ASSET MANAGEMENT PTY LTD ACN 091 686 127

SECOND APPLICANT

AND: AUSTRALIAN UNITY LIMITED ACN 087 648 888

FIRST RESPONDENT

AUSTRALIAN UNITY RETAIL NETWORK PTY LTD ACN 101 244 795

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 21 AUGUST 2003

WHERE MADE: MELBOURNE

Upon the Applicants undertaking by their Counsel to pay to any party adversely affected by the undermentioned order such compensation (if any) as the Court thinks just, in such manner as the court direct.

THE COURT ORDERS THAT: 1. That until the final hearing of this proceeding or further order, the First Respondent be restrained from acting upon the notices dated 19 June 2003, 1 July 2003, 23 July 2003 and 30 July 32003 of the termination of the agency agreement dated 1 September 1999 between the First Applicant and the First Respondent. 2. That until the final hearing of this proceeding or further order, the Respondents whether by themselves, their directors, officers, servants or agents or any of them be restrained from: a. Writing to or otherwise communicating with clients of the Australian Unity Agency conduct by the First Applicant to advise of the closure of the agency or the termination of the agency between the First Applicant and the First Respondent; b. Writing to or otherwise communicating with clients of the agency or any other persons that the agency will cease operations; c. Taking any steps preparatory for the closure of the agency. 3. That the proceeding be referred to mediation, pursuant to O 72 of the Federal Court Rules, by a mediator to be agreed upon by the parties and nominated by the District Registrar and in default of such agreement by 29 August 2003, to a mediator nominated by the District Registrar. The mediation shall be conducted by 4 September 2003 and the mediator is to report the result of the mediation to the Court and the District Registrar by 6 September 2003. 4. The costs of the parties of and associated with the application for interlocutory relief be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.