Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dyinda Pty Ltd ACN 009 020 526 v First Distribution Services Ltd
[2004] FCA 12
REMEDIES – interlocutory injunction – proceedings alleging misleading or deceptive conduct and breach of fiduciary duty by co-joint venturer – joint venturer entering into agreement and acquiring controlling interest from one co-joint venturer without knowledge of others – long delay in commencing proceedings – whether serious question to be tried – balance of convenience – discretionary factors – proposed acquisition of business by third party – claim for interlocutory relief dismissed – conditions attached and directions for disclosure to co-joint venturer made
Trade Practices Act 1974 (Cth) s 52 Corporations Act 2001 (Cth) s 1041H Australian Securities and Investment Commission Act 2001 (Cth) s 12DA International Companies Act 1987 (Samoa) s 16(2)
United Dominions Corporation Ltd v Brian Pty Ltd (1984) 157 CLR cited Yunghanns v Elfic Pty Ltd (2000) 1 VR 92 cited Brunninghausen v Glavanics (1999) 46 NSWLR 538 cited Carr Boyd Minerals Ltd v Ashton Mining Ltd (1989) 15 ACLR 599 cited Port Kennedy Resorts Pty Ltd & Ors v Huat & Ors [2000] WASCA 328 cited Hopkins Professional Services Pty Ltd v Foyster Holdings Pty Ltd (2001) 39 ACSR 519 cited Re Medefield (1977) 2 ACLR 406 cited DYINDA PTY LTD ACN 009 020 526, WINIAM PTY LTD ACN 009 020 277 and GILDEROY PTY LTD ACN 009 020 446 v FIRST DISTRIBUTION SERVICES LTD, BADGERUP NOMINEES PTY LTD ACN 008 821 636 and ANTHONY CARMIGNANI W238 of 2003 FRENCH J 15 JANUARY 2004 (Publication of Reasons) PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W238 OF 2003
BETWEEN: DYINDA PTY LTD
ACN 009 020 526
FIRST APPLICANT
WINIAM PTY LTD
ACN 009 020 277
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