Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rose Ice Cream Manufacturing Pty Ltd v Cold Rock Management Pty Ltd [2010] FCA 1253
Citation: Rose Ice Cream Manufacturing Pty Ltd v Cold Rock Management Pty Ltd [2010] FCA 1253
Parties: ROSE ICE CREAM MANUFACTURING PTY LTD, DAVGAR PTY LTD and RAMONE PTY LTD v COLD ROCK MANAGEMENT PTY LTD and STANLEY GORDON
File number(s): NSD 1549 of 2010
Judge: JAGOT J
Date of judgment: 11 November 2010
Catchwords: TRADE PRACTICES – interlocutory injunction
Legislation: Trade Practices Act 1974 (Cth)
Date of hearing: 11 November 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicants: Mr CD Coulsen
Solicitor for the Applicants: Lynch Morgan Lawyers
Counsel for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1549 of 2010
BETWEEN: ROSE ICE CREAM MANUFACTURING PTY LTD
First Applicant
DAVGAR PTY LTD
Second Applicant
RAMONE PTY LTD
Third Applicant
AND: COLD ROCK MANAGEMENT PTY LTD
First Respondent
STANLEY GORDON
Second Respondent
JUDGE: JAGOT J
DATE OF ORDER: 11 NOVEMBER 2010
WHERE MADE: SYDNEY
UPON THE APPLICANT BY ITS 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 orders 1 to 4 below or any continuation (with or without variation) thereof; and (b)to pay the compensation referred to in (a) to the person there referred to, THE COURT ORDERS ON AN EX PARTE BASIS THAT: 1. Until further order, the First Respondent by its servants, agents and contractors or otherwise be restrained from: (a) notifying any of its franchisees that such franchisees are not entitled to purchase or obtain Cold Rock Ice Cream from the First Applicant; (b) prohibiting any of its franchisees from purchasing or acquiring supplies of Cold Rock Ice Cream from the First Applicant; (c) notifying any of its franchisees that such franchisee has committed, or will commit, an Event of Default (as defined in the Franchise Agreements entered into between the First Respondent and its franchisees) if such franchisee seeks to obtain or obtains supplies of Cold Rock Ice Cream from the First Applicant; and (d) prohibiting or otherwise seeking to prevent any supplier of Base Mix (as defined in the Franchise Agreements entered into between the First Respondent and its franchisees), including Norco Co-Operative Limited (ARBN 009 717 417), from selling or supplying Base Mix to the First Applicant. 2. The costs of this Application be the parties' costs of the proceedings. 3. Liberty to restore on 24 hours' notice. 4. List the proceedings for directions before the Duty Judge at 9.30am on 19 November 2010. 5. These orders are to be entered forthwith.
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