Wirrimanu Community Store Aboriginal Corporation v Outback Stores Pty Ltd [2019] FCA 1882

FEDERAL COURT OF AUSTRALIA

Wirrimanu Community Store Aboriginal Corporation v Outback Stores Pty Ltd [2019] FCA 1882 File number: NTD 34 of 2019

Judge: WHITE J

Date of judgment: 8 November 2019

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunctions requiring certain action by the respondent by way of "hand over", and restraining it from engaging in certain conduct following the purported suspension by the applicant of the agreement pursuant to which the respondent managed the applicant's store – whether the applicant has shown a prima facie entitlement to a legal or equitable right to be protected by the grant of the interlocutory injunctions sought – whether applicant had shown, prima facie, a right to suspend the agreement – applicant's conduct in suspending the agreement not shown to be authorised with the consequence that the applicant is seeking the interlocutory injunctions to make effective conduct which was, prima facie, unlawful – application refused.

Legislation: Australian Consumer Law ss 20, 21, 236, 237 Competition and Consumer Act 2010 (Cth) Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)

Cases cited: BP Refinery (Westernport) Pty Limited v Hastings Shire Council (1977) 180 CLR 266 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238

Date of hearing: 8 November 2019

Registry: Northern Territory

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance