Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian and Pacific Investment Corporation Pty Ltd v Austpac Funds Management Limited [2015] FCA 904 Citation: Australian and Pacific Investment Corporation Pty Ltd v Austpac Funds Management Limited [2015] FCA 904
Parties: AUSTRALIAN AND PACIFIC INVESTMENT CORPORATION PTY LTD and WILLONA PTY LTD v AUSTPAC FUNDS MANAGEMENT LIMITED and YARRA VALLEY LODGE PTY LTD
File number(s): VID 408 of 2015
Judge(s): DAVIES J
Date of judgment: 21 August 2015
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain sale of property – alleged breach of settlement agreement – strength of plaintiffs' claim for relief – consideration of balance of convenience – where plaintiff is one of many members of relevant managed investment scheme – whether damages would be an adequate remedy CONTRACTS – whether serious question to be tried as to construction of contract
Legislation: Corporations Act 2001 (Cth) s 601FC
Cases cited: Warner-Lambert Co LLC v Apotex Pty Ltd (2014) 106 IPR 218; [2014] FCAFC 59
Date of hearing: 12 August 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 52
Counsel for the Plaintiffs: Mr S R Senathirajah
Solicitor for the Plaintiffs: King & Wood Mallesons
Counsel for the Defendants: Mr P W Collinson QC with Dr O Bigos
Solicitor for the Defendants: HWL Ebsworth Lawyers
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 408 of 2015
BETWEEN: AUSTRALIAN AND PACIFIC INVESTMENT CORPORATION PTY LTD
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