Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Returned & Services League of Australia (Queensland Branch) Sarina Sub Branch Inc v Returned & Services League of Australia (Queensland Branch) [2012] FCA 1105 Citation: Returned & Services League of Australia (Queensland Branch) Sarina Sub Branch Inc v Returned & Services League of Australia (Queensland Branch) [2012] FCA 1105
Parties: RETURNED & SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) SARINA SUB BRANCH INC v RETURNED & SERVICES LEAGUE OF AUSTRALIA (QUEENSLAND BRANCH) and HARVEY WINSTON FEWINGS TRADING AS CRANKY LIZARD CONSULTANTS
File number: QUD 401 of 2012
Judge: COLLIER J
Date of judgment: 12 October 2012
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory relief – injunction sought to prevent expiry of option to purchase interest in land and buildings – allegations of unconscionable conduct – principles in Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 – whether serious question to be tried – whether damages an inadequate remedy – whether balance of convenience favours granting of injunction
Legislation: Associations Incorporation Act 1981 (Qld) s 144 Australian Consumer Law ss 20, 21, 236, Pt 5-2 Div 4 Subdiv A Federal Court of Australia 1976 (Cth) s 43 Religious Educational and Charitable Institutions Act 1861 (Qld) Trade Practices Act 1974 (Cth) ss 82, 87
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] 227 CLR 57 applied Australian Postal Corporation v Digital Post Australia Pty Ltd [2012] FCA 372 cited Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia v Dee Vee Pty Ltd [2012] FCA 988 cited Elco Food Co Pty Ltd v Oliana Foods Pty Ltd [2012] FCA 410 cited Hughes v Western Australian Cricket Australia (Inc) (1986) ATPR 40-748 followed Samsung Electronics Co Ltd v Apple Inc (2011) 286 ALR 257 cited
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