Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AA Shi Pty Ltd v Avbar Pty Ltd [2010] FCA 368 Citation: AA Shi Pty Ltd v Avbar Pty Ltd [2010] FCA 368
Parties: AA SHI PTY LTD (ACN 100 459 667) v AVBAR PTY LTD (ACN 100 433 752) and NIR INVESTMENTS PTY LTD (ACN 100 276 015)
File number: QUD 121 of 2010
Judge: COLLIER J
Date of judgment: 16 April 2010
Catchwords: PRACTICE AND PROCEDURE – notice of motion to discharge ex parte interim injunction under Trade Practices Act 1974 (Cth) – whether full disclosure of material facts to Court by applicant for injunction – respondents reliant on affidavit sworn by solicitor for respondents – no personal knowledge or identification of sources of information in affidavit
Legislation: Evidence Act 1995 (Cth) s 75 Trade Practices Act 1974 (Cth) s 80(2) Trade Practices (Industry Codes – Oilcode) Regulations 2006 (Cth) ss 4, 35, 36
Cases cited: Savcor v Cathodic Protection International (2005) 12 VR 639 cited Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 cited
Date of hearing: 16 April 2010
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr DA Savage SC with Ms PA Ahern
Solicitor for the Applicant: Elliott & Harvey
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