In the matter of Fresh Fields Australian Dairy Pty Limited [2016] NSWSC 1768

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fresh Fields Australian Dairy Pty Limited [2016] NSWSC 1768 Hearing dates: Friday, 10 June 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: 1. Upon the plaintiff by their counsel giving to court the usual undertaking as to damages, the first and second defendants until and including 20 June 2016 be restrained from by themselves, their servants or agents alienating or encumbering the Powdered Milk Business Assets provided that this injunction does not prohibit any dealing in the ordinary course of the second defendant's business in respect of any order, purchase, contract, withdrawal, sale or transaction to the value not exceeding $10,000 or any such transaction entered into with the prior written consent of the first plaintiff, such consent not to be unreasonably withheld. 2. The defendants to serve any affidavit evidence in opposition to the interlocutory application by 16 June 2016. 3. Proceedings are adjourned to 20 June 2016 at 9.45 in Corporations List Judge's motions list. Catchwords: INTERIM RELIEF – whether there is a sufficiently arguable case – balance of convenience – whether injunction would inhibit second defendant's ability to enter into prospective contract for overseas supply Category: Procedural and other rulings Parties: Potzar Boghossian (first plaintiff) PGB Group Pty Limited (second plaintiff) George Rofail (first defendant) Fresh Fields Dairy Pty Limited (second defendant) GMR Group Pty Ltd (third defendant) Fresh Fields Natural Australian Dairy Pty Limited (fourth defendant) Representation: Counsel: JP Vohralik (plaintiffs) F Ashworth (first to third defendants)