NSW Caselaw
New South Wales Supreme Court
CITATION : Sundararajah v Teachers Federation Health Ltd [2009] NSWSC 1443
HEARING DATE(S) : 17 December 2009
JUDGMENT DATE : 18 December 2009
JURISDICTION : EQUITY DIVISION
JUDGMENT OF : Davies J
DECISION : (1) Upon the Plaintiff giving the usual undertaking as to damages, the Defendant, by itself, its servants or agents, is, until further order restrained from: (a) acting upon or implementing a Notice of Termination dated 29 September 2009 of the HICAPS agreement made between the Plaintiff and the Defendant on 5 August 2005 or from issuing any substitute notice; (b) treating the agreement as being at an end upon the expiry of the 90 day notice period referred to in the Notice of Termination. (2) Grant leave to either party to file a Notice of Motion for expedition. (3) Any such Notice of Motion together with any Affidavits in Support are to be filed and served on or before 5 February 2010. (4) The Notice of Motion is to be returnable before the Expedition Judge on 19 February 2010. (5) I stand the proceedings over to the Expedition List on 19 February 2010. (6) Costs are to be the costs in the proceedings.
CATCHWORDS : EQUITY - equitable remedies - injuntions - interlocutory injunctions - whether serious question to be tried. CONTRACT - implied terms - obligation of good faith - termination of contract.
LEGISLATION CITED : Trade Practices Act 1974
CATEGORY : Procedural and other rulings
Alcatel Australia Ltd v Scarcella (1998) 44 NSWLR 349 Burger King Corporation v Hungry Jack's Pty Ltd (2001) 69 NSWLR 558 Esso Australia Resources Pty Ltd v Southern Pacific Petroleum NL [2005] VSCA 228 CASES CITED : Garry Rogers Motors (Aust) Pty Ltd v Subaru (Aust) Pty Ltd (1999) ATPR 41-703 Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234 Tomlin v Ford Credit Australia [2005] NSWSC 540 Vodafone Pacific Ltd v Mobile Innovations Ltd [2004] NSWCA 15 Walker v ANZ Banking Group Ltd (No. 2) [2001] NSWSC 806
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