Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Marlu Transport Solutions Pty Ltd v Bishdun Pty Ltd [2025] FCA 118 File number: WAD 18 of 2025
Judgment of: MCDONALD J
Date of judgment: 24 February 2025
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business, and company and personal guarantees – applicant defaulted on obligation to make payments to fifth respondent – applicant alleges respondents engaged in misleading and deceptive conduct and unconscionable conduct contrary to ss 18 and 21 of Australian Consumer Law – applicant alleges respondent misrepresented or concealed condition of business assets – applicant seeks to restrain first and fifth respondents from exercising contractual rights arising from applicant's default pending determination of claims – interlocutory injunctions granted preventing first and fifth respondents from exercising certain rights
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 21, 236, 237, 243
Cases cited: Addenbrooke Pty Ltd v Duncan (No 2) (2017) 348 ALR 1; [2017] FCAFC 76 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd (2018) 56 VR 557; [2018] VSC 246 Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4 Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Shercliff v Engadine Acceptance Corporation Pty Ltd [1978] 1 NSWLR 729 Sugar Australia Pty Ltd v Lend Lease Services Pty Ltd [2015] VSCA 98 Warner-Lambert Company LLC v Apotex Pty Ltd (2014) 311 ALR 632; [2014] FCAFC 59
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