Natra Pty Ltd v Markhill Investments Pty Ltd [2005] FCA 552

FEDERAL COURT OF AUSTRALIA

Natra Pty Ltd v Markhill Investments Pty Ltd [2005] FCA 552 CONTRACT – sale of business of supplying, servicing and repairing radiators other than "Excluded Business", defined as including businesses of the sale and servicing of "industrial; radiators" carried on by the vendor under certain names – whether servicing radiators for four wheel drive vehicles and passenger vehicles of industrial customers of vendor within exclusion WORDS AND PHRASES – "industrial", "industrial radiators"

Trade Practices Act 1974 (Cth) ss 52, 84(1) Fitzgerald v Masters (1956) 95 CLR 420 at 426 applied Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 at 352 applied L Schuler AG v Wickman Machine Tool Sales Ltd [1974] AC 235 at 263 cited Norton on Deeds (1st ed, 1906) at 43 NATRA PTY LTD v MARKHILL INVESTMENTS PTY LTD & OTHERS NO. V 437 OF 2004 HEEREY J 6 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V437 OF 2004

BETWEEN: NATRA PTY LTD (ACN 105 217 230)

APPLICANT

AND: MARKHILL INVESTMENTS PTY LTD

(ACN 052 046 82) and OTHERS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 6 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondents and each of them by their officers, servants or agents or howsoever otherwise are restrained from conducting in the State of Western Australia for a period of three years from 4 January 2004 a business of supplying, servicing or repairing radiators for passenger motor vehicles, including four wheel drive vehicles, and light commercial vehicles up to 3.5 tonnes.

2. The applicant's claim for damages for breach of the agreement between it and the first respondent dated 4 January 2004 is adjourned to a date to be fixed.