Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Dairy Power Pty Ltd v Murray Goulburn Co-operative Co Ltd [2011] FCA 762 Citation: United Dairy Power Pty Ltd v Murray Goulburn Co-operative Co Ltd [2011] FCA 762
Parties: UNITED DAIRY POWER PTY LTD (ACN 102 193 760) v MURRAY GOULBURN CO-OPERATIVE CO LTD (ACN 004 277 089)
File number: VID 702 of 2011
Judge: DODDS-STREETON J
Date of judgment: 6 July 2011
Catchwords: TRADE PRACTICES – Application for interlocutory injunction –Respondent's employees allegedly made representations that the applicant is in financial difficulty and unable to pay suppliers – Whether serious question to be tried – Whether balance of convenience favours the grant of interlocutory relief EVIDENCE – Applicant relied on hearsay evidence – Whether double hearsay evidence admissible – Whether evidence should be excluded as unfairly prejudicial – Whether applicant required to prove damage
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 ss 18, 29(b) Evidence Act 1995 (Cth) ss 59, 62(1), 75, 135
Cases cited: Bray v F Hoffman-La Roche Ltd & Ors (2002) 118 FCR 1 cited Lee v The Queen (1998) 195 CLR 594 cited Liu v The Age Company & Ors [2010] NSWSC 1176 cited Panasales Clearance Centre Pty Ltd v J B Hi Fi Brighton Pty Ltd [1999] FCA 1227 cited State Government Insurance Corporation and Anor v Government Insurance Office of NSW (1990) 19 IPR 232 cited
Date of hearing: 5 July 2011
Date of last submissions: 5 July 2011
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