Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
N.A. Retail Solutions Pty Ltd v St George Bank Limited [2010] FCA 290 Citation: N.A. Retail Solutions Pty Ltd v St George Bank Limited [2010] FCA 290
Parties: N.A. RETAIL SOLUTIONS PTY LTD, VOLUME PLUS PTY LTD and TADCO SOLUTIONS PTY LTD v ST GEORGE BANK LIMITED and WESTPAC BANKING CORPORATION LIMITED (ACN 007 457 141)
File number: NSD 271 of 2010
Judge: COWDROY J
Date of judgment: 30 March 2010
Catchwords: PRACTICE AND PROCEDURE – Injunctions – Whether second application for interlocutory relief can be made following unsuccessful application for identical relief – Further evidence relied upon – Whether such evidence available at the time of first application – Discretion of the Court – Discretion requires matter to be heard. PRACTICE AND PROCEDURE – Application for interlocutory relief – Mandatory Injunction – Contracts – Implied duty of good faith – Unconscionable conduct – Whether laches prevents grant of relief – Whether damages would provide adequate remedy – Relief granted.
Legislation: Australian Securities and Investments Commission Act 2001(Cth) ss 12CA, 12CB, 12CC Federal Court Rules (Cth) O 35 r 7(2)(c) Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) ss 36A, 36L, 36R Trade Practices Act 1974 (Cth) ss 45, 45D, 51AB, 51AC, 87
Cases cited: Adam P Brown Male Fashion Proprietary Limited v Phillip Morris Incorporated and Another (1981) 148 CLR 170 cited Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 cited Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 cited Castlemaine Tooheys Limited and Others v The State of South Australia (1986) 161 CLR 148 cited Cullen v Trappell (1980) 146 CLR 1cited D.A. Christie Pty. Ltd. v Baker [1996] 2 VR 582 cited Kerridale Pty Ltd v Western Exporters Pty Ltd [2003] FCA 1335 cited The King v MacFarlane and Others (1923) 32 CLR 518 N.A. Retail Solutions Pty Limited v St George Bank Limited [2010] FCA 259 cited National Parks and Wildlife Service v Pierson (2002) 55 NSWLR 315 cited Nominal Defendant v Manning (2000) 50 NSWLR 139 cited P Dawson Nominees Pty Ltd and Another v Australian Securities and Investments Commission and Others (No 2) (2009)255 ALR 466 applied Paras v Public Service Body Head of the Department of Infrastructure (No 2) (2006)152 IR 352 cited Peter Murray Walker and Steven John Sherman as Voluntary Liquidators of One.Tel Limited (Administrators Appointed) and Another v Australian & New Zealand Banking Group Limited (No. 2) (2001) NSWSC 806 cited Sundararajah v Teachers Federation Health Ltd [2009] NSWSC 1443 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate