DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1153

FEDERAL COURT OF AUSTRALIA

DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1153 Citation: DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1153

Appeal from: Application for leave to appeal: DB Marketing Solutions Pty Ltd (formerly known as Auto Xtreme Electronics Pty Ltd) v Cause [2014] FCA 1026

Parties: DB MARKETING SOLUTIONS PTY LTD (FORMERLY KNOWN AS AUTO XTREME ELECTRONICS PTY LTD) ACN 105 423 014 and WORLDMARK GROUP HOLDINGS PTY LTD (FORMERLY KNOWN AS ACN 144 505 199 PTY LTD) v TRENT DAVID CAUSE, ASHLEY GRANT CAUSE and ON HIGHWAY ELECTRONICS (A PARTNERSHIP) ABN 67 918 445 405

File number: QUD 548 of 2014

Judge: RANGIAH J

Date of judgment: 28 October 2014

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – whether primary judge erred in not granting interlocutory injunctions against second and third respondents – no substantial injustice – application for leave to appeal dismissed

Legislation: Corporations Act 2001 (Cth) ss 182(1) and 183(1) Federal Court of Australia Act 1976 (Cth) ss 24(1A) and 27 Partnership Act 1891 (Qld) ss 8 and 9

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 cited DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Guus v Johnstone [2000] FCA 1455 cited Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 cited Minogue v Williams [2000] FCA 125 cited Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 cited