Federal Court of Australia
Federal Court of Australia Advanta Seeds Pty Ltd v Nuseed Pty Ltd [2024] FCA 1105 File number: QUD 196 of 2024
Judgment of: SARAH C DERRINGTON J
Date of judgment: 23 September 2024
Catchwords: INJUNCTION –interlocutory application to enjoin respondent's compliance with Licensing Agreement – where applicant alleges breach by the respondent of an undertaking to the Court – whether, properly construed, the respondent breached the undertaking INJUNCTION – whether there is a prima facie case for the purpose of granting an injunction – whether the balance of convenience favours that the injunction be granted
Competition and Consumer Act 2010 (Cth) Sch 2 s 234 Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) r 39.21
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 CCOM Pty Ltd v Jiejing Pty Ltd [1992] FCA 519; 36 FCR 524 Cases cited: International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Ltd [2011] FCA 339; 218 FCR 398 Nokia Corporation v Liu [2009] FCAFC 138; 179 FCR 422 Repatriation Commission v Nation (1995) 57 FCR 25 Warner-Lambert Co LLC v Apotex Pty Ltd [2014] FCAFC 59; 311 ALR 632
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 42
Date of hearing: 19 September 2024
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