Merim Proprietary Limited v The Oaktower Partnership Proprietary Limited (No 2) [2007] FCA 1440

FEDERAL COURT OF AUSTRALIA

Merim Proprietary Limited v The Oaktower Partnership Proprietary Limited (No 2) [2007] FCA 1440

Trade Practice Act 1974 (Cth) s 52 MERIM PTY LTD & ANOR v THE OAKTOWER PARTNERSHIP PTY LTD & ANOR (No 2) VID 641 OF 2007

HEEREY J

12 SEPTEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 641 OF 2007

BETWEEN: MERIM PTY LTD & ANOR

Applicants

AND: THE OAKTOWER PARTNERSHIP PTY LTD & ANOR

Respondents

JUDGE: HEEREY J DATE OF ORDER: 12 SEPTEMBER 2007

WHERE MADE: MELBOURNE

Upon the applicants by their Counsel undertaking: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of this interlocutory order or undertaking or any continuation (with or without variation); and (b) to pay the compensation referred to in (a) to the person there referred to. THE COURT ORDERS: 1. The respondents by their servants or agents be restrained until 25 September 2007 or the conclusion of any adjournment of the general meeting of Golden Circle Limited whichever is the later from representing to shareholders of Golden Circle Limited that the applicants caused Sunbeam Foods to: (a) cease to buy produce from Australian fruit producers; or (b) only buy sultanas from overseas producers. 2. The applicants have leave to file and serve an amended statement of claim on or before 19 September 2007. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 641 OF 2007

BETWEEN: MERIM PTY LTD & ANOR

Applicants