Allhours Enterprises Pty Ltd (ACN 105 534 058) v Global Food Services Pty Ltd (ACN 103 727 877) (In Administration) [2005] FCA 459

FEDERAL COURT OF AUSTRALIA

Allhours Enterprises Pty Ltd (ACN 105 534 058) v Global Food Services Pty Ltd

(ACN 103 727 877) (In Administration) [2005] FCA 459

PRACTICE AND PROCEDURE – interlocutory injunction – sale of business – purchase by instalments - charge over business to secure payment – assignment of contract of sale and charge to third party – claim against vendor for variation of contract pursuant to s 87 of Trade Practices Act 1974 (Cth) – claim based upon misrepresentations as to turnover and profitability – whether interlocutory relief available against assignee of charge to restrain appointment of receiver for non-payment of part purchase price – conditions for grant of interlocutory relief

TRADE PRACTICES – misleading or deceptive conduct – inducing entry into contract – contract for sale of business – charge over property under sale – claim for variation of contract based on misleading or deceptive conduct- variation under s 87 of Trade Practices Act – whether rights of assignee of charge consequentially varied – whether interlocutory relief may be ordered against assignee of charge Trade Practices Act 1974 (Cth) s 87 Federal Court of Australia Act 1976 (Cth) s 23 ALLHOURS ENTERPRISES PTY LTD (ACN 105 534 058) v GLOBAL FOOD SERVICES PTY LTD (ACN 103 727 877) (IN ADMINISTRATION), RICHARD TRAINER and TRISTANIA HOLDINGS PTY LTD (ACN 009 426 206) WAD 67 OF 2005 FRENCH J 19 APRIL 2005 (Date of Orders) 20 APRIL 2005 (Publication of Reasons) PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD67 OF 2005

BETWEEN: ALLHOURS ENTERPRISES PTY LTD (ACN 105 534 058)

APPLICANT

AND: GLOBAL FOOD SERVICES PTY LTD

(ACN 103 727 877) (IN ADMINISTRATION)

FIRST RESPONDENT

RICHARD TRAINER