NSW Caselaw
Reported Decision : [2000] 35 ACSR 352
New South Wales Supreme Court
CITATION : Eurest (Aust) Catering & Services Pty. Lt.d v. Independent Foods Pty. Ltd. & Ors. [2000] NSWSC 898 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3477/00 HEARING DATE(S) : 30 and 31 August 2000 JUDGMENT DATE : 31 August 2000
Eurest (Australia) Catering & Services Pty. Ltd. - Plaintiff PARTIES : Independent Foods Pty. Limited - First Defendant Apex Pacific Foods Pty. Limited - Second Defendant Deborah Ann Arnold - Third Defendant JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : Mr. G. Palmer QC with Mr. A. Spencer for Plaintiff Mr. M. Holmes QC with Ms. J. Stuckey-Clarke for Defendants SOLICITORS : Holding Redlich, Sydney for Plaintiff Matthews Solicitors, Paddington for Defendants CATCHWORDS : CONTRACT - Sale of shares - Restraint on competition - Promise by purchaser not to tender for certain business on its own account or jointly with another - Whether breached by tender by subsidiary. CORPORATIONS - Holding and subsidiary companies - Whether tender by subsidiary was as agent of holding company - Whether holding company tendered jointly with subsidiary. Smith Stone Knight v. Birmhan Group (1934) 4 AllER 116 Pioneer Concrete Services Ltd. v. Yelnah Pty. Ltd. (1986) 6 NSWLR 254 CASES CITED : ICT Pty. Ltd. v. Sea Containers Ltd. (1995) 39 NSWLR 650. Kidson v. Macdonald (1974) 1 AllER 849 UDC v. Brian Pty. Ltd. (1985) 157 CLR 1. Allstate Life Insurance Co. v. ANZ Banking Group (1995) 58 FCR 26. DECISION : See end of judgment
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