Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Century Funds Management Limited v Opus Capital Limited [2011] FCA 78 Citation: Century Funds Management v Opus Capital Limited [2011] FCA 78
Parties: CENTURY FUNDS MANAGEMENT LIMITED v OPUS CAPITAL LIMITED
File number(s): NSD 46 of 2011
Judge: JACOBSON J
Date of judgment: 10 February 2011
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – managed investment scheme – meeting of members – alleged misleading and deceptive statements to members – application to restrain comments by responsible entity – application refused on balance of convenience
Legislation: Trade Practices Act 1974 (Cth) s 52
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Beecham Group v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited City Pacific Limited v Bacon (2009) 70 ACSR 418 followed Fraser v NRMA Holdings Limited (1995) 55 FCR 452 referred to Lachlan Reit Limited v Garnaut [2010] VSC 399 followed
Date of hearing: 7 February 2011
Date of last submissions: 7 February 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr G Lucarelli
Solicitor for the Applicant: Johnson Winter & Slattery
Counsel for the Respondent: Mr D Savage SC with Ms J Chapple
Solicitor for the Respondent: McMahon Clarke Legal
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 46 of 2011
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