Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bavarian Hospitality Group Pty Ltd v SakeSake Izakaya Pty Limited [2010] FCA 1102 Citation: Bavarian Hospitality Group Pty Ltd v SakeSake Izakaya Pty Limited [2010] FCA 1102
Parties: BAVARIAN HOSPITALITY GROUP PTY LTD v SAKESAKE IZAKAYA PTY LIMITED
File number(s): NSD 1297 of 2010
Judge: JAGOT J
Date of judgment: 7 October 2010
Catchwords: TRADE PRACTICES – application for an interlocutory injunction – balance of convenience – delay.
Date of hearing: 7 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 36
Counsel for the Applicant: Mr M Hall
Solicitor for the Applicant: Christie Law
Counsel for the Respondent: Mr EJC Heerey
Solicitor for the Respondent: Mills Oakley Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1297 of 2010
BETWEEN: BAVARIAN HOSPITALITY GROUP PTY LTD
Applicant
AND: SAKESAKE IZAKAYA PTY LIMITED
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 7 OCTOBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application for interlocutory relief be dismissed. 2. Costs be reserved. 3. The parties may file and serve a submission on the costs of the interlocutory application by 15 October 2010. 4. Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), Tab 8 of Exhibit AW-1 not be disclosed other than to the parties to the proceedings. Note: the matter is to be listed before the Docket Judge next week, if possible, with the parties to consider mediation in the interim. 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.
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