NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner for Fair Trading v Pobjie Agencies Pty Ltd & ors. [2005] NSWSC 13
HEARING DATE(S) : 6, 7, 8, 9, 10, 13, 14 and 15 December 2004
JUDGMENT DATE : 3 February 2005
JUDGMENT OF : Sully J at 1
DECISION : (1) Injunction granted in terms of paragraph 1 of the Summons to and including 30 September 2005; (2) Extend to and including 30 September 2005 the current interim orders made by Levine J on 27 August 2004, as varied by subsequent amending orders of the Court; Liberty granted to the parties to apply to the Common Law Duty Judge for the time being for any desired further amendment of those interim orders; (3) Order the second and third defendants to pay one-half of the plaintiff's costs of these proceedings.
Fair Trading Act 1987 (NSW) Home Building Act 1989 (NSW) LEGISLATION CITED : Contracts Review Act 1980 No. 16 Interpretation Act 1987 (NSW)
Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Holt v Bikora Pty Ltd (1988) 13 NSWLR 629 CASES CITED : Briginshaw v Briginshaw (1938) 68 CLR 336 Provincial Houses v Doyle & ors [2004] NSWSC 624
Commissioner for Fair Trading Pobjie Agencies Pty Ltd PARTIES : Thomas Walter Pobjie Michael Desmond Pobjie
FILE NUMBER(S) : SC 12613/04
P. F. Singleton - Plaintiff COUNSEL : N. A. Cotman SC/A. E. Maroya - 2nd and 3rd defendants
D. Catt, Office of Fair Trading - Plaintiff SOLICITORS : Brown & Partners - Defendants
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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