Anythings Possible Transport Pty Ltd v Redox Pty Ltd [2016] FCA 1601

FEDERAL COURT OF AUSTRALIA

Anythings Possible Transport Pty Ltd v Redox Pty Ltd [2016] FCA 1601 File number: QUD 529 of 2016

Judge: DOWSETT J

Date of judgment: 19 August 2016

Catchwords: PRACTICE AND PROCEDURE – application for injunctive relief – where the balance of convenience lies in favour of declining the relief sought – application refused

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 232, 243

Cases cited: Samsung Electronics Co. v Apple Inc (2011) 217 FCR 238

Date of hearing: 19 August 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Mr S Fisher

Solicitor for the Applicant: Mark Treherne and Associates

Counsel for the Respondent: Mr J Ward

Solicitor for the Respondent: Mitry Lawyers

ORDERS QUD 529 of 2016

BETWEEN: ANYTHINGS POSSIBLE TRANSPORT PTY LTD ACN 143 839 703 AS TRUSTEE FOR THE STEVEN WINDLE FAMILY TRUST Applicant

AND: REDOX PTY LTD ACN 000 762 345 Respondent

JUDGE: DOWSETT J DATE OF ORDER: 19 AUGUST 2016

THE COURT ORDERS THAT:

1. the orders dated 15 July 2016 be amended to include the usual undertaking as to damages by the applicant through its counsel; 2. the applicant's application for interlocutory relief be refused; 3. the applicant pay the respondent's costs of today; 4. the respondent file and serve its defence on or before 30 August 2016; 5. the parties file and serve any expert evidence on which they rely on or before 30 September 2016; 6. the parties have liberty to apply by 3 days' written notice; 7. the trial take place in Brisbane on 24, 25, and 26 October 2016; and 8. the costs of the proceedings otherwise be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.