Dybner v Stay In Bed Milk and Bread Pty Ltd (ABN 39 115 116 982) (t/as Aussie Farmers Direct) [2010] FCA 200

FEDERAL COURT OF AUSTRALIA

Dybner v Stay In Bed Milk and Bread Pty Ltd (ABN 39 115 116 982) (t/as Aussie Farmers Direct) [2010] FCA 200 Citation: Dybner v Stay In Bed Milk and Bread Pty Ltd (t/as Aussie Farmers Direct) [2010] FCA 200

Parties: MARAT DYBNER and DINA DYBNER v STAY IN BED MILK AND BREAD PTY LTD (ABN 39 115 116 982) (TRADING AS AUSSIE FARMERS DIRECT)

File number(s): VID 145 of 2010

Judge: RYAN J

Date of judgment: 9 March 2010

Date of hearing: 9 March 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 7

Solicitor for the Applicants: Kelly Hazell Quill

Counsel for the Applicants: Mr M J Rivette

Solicitor for the Respondent: HWL Ebsworth, Lawyers

Counsel for the Respondent: Mr R D Keen

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 145 of 2010

BETWEEN: MARAT DYBNER

First Applicant

DINA DYBNER

Second Applicant

AND: STAY IN BED MILK AND BREAD PTY LTD (ABN 39 115 116 982) (TRADING AS AUSSIE FARMERS DIRECT)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 9 MARCH 2010

WHERE MADE: MELBOURNE

UPON THE RESPONDENT BY ITS COUNSEL UNDERTAKING UNTIL THE HEARING AND DETERMINATION OF THIS APPLICATION OR FURTHER ORDER THAT: (i) It will itself, by its employed driver, make deliveries to customers within "run 17" and not offer or sell "run 17" to any prospective franchisee; (ii) It will offer employment on his present terms and conditions to the driver currently employed by the applications on "run 17" to drive the delivery van for "run 17"; (iii) It will keep full records of all sales made to it by customers in "run 17" which may be necessary to quantify the income which would have been derived by the applicants had they continued to operate "run 17" between now and judgment in the application; THE COURT ORDERS THAT: 1. The application for an interlocutory injunction be refused. 2. There be a speedy trial of the application. 3. There be a directions hearing on a date to be fixed being not later than 18 March 2010. 4. The costs of all parties of the application for interlocutory relief, including the costs of this day, be reserved. 5. Liberty be reserved to any party to apply on not less that 48 hours' notice in writing to the other party. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.