N. A. Retail Solutions Pty Limited v St George Bank Limited [2010] FCA 259

N. A. Retail Solutions Pty Limited v St George Bank Limited [2010] FCA 259

The Court refused interlocutory relief, holding that despite possible grounds for an implied term of good faith or contravention of ss 45D and 51AC, the evidentiary uncertainty, especially as to relationships and business effects, and delay in seeking relief did not warrant interim mandatory orders. The application was dismissed and costs awarded to the respondents.

Jurisdiction
Australia
Judgment Date
18 March 2010
Procedural Posture
Application for Interlocutory Relief / Interlocutory; Dismissal of Amended Application
Outcome
Application for interlocutory relief dismissed; costs to respondents.
Legal Topics
['implied Duty of Good Faith' 'unconscionable Conduct' 'secondary Boycotts' 'mandatory Interlocutory Injunctions']
['practice and Procedure' 'contracts' 'trade Practices – Unconscionable Conduct'] ['implied Duty of Good Faith' 'unconscionable Conduct' 'secondary Boycotts' 'mandatory Interlocutory Injunctions']

Case Brief

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Procedural Posture

Application for Interlocutory Relief / Interlocutory; Dismissal of Amended Application

Legal Issues

  1. 1 ['Whether mandatory interlocutory injunction should be granted to restrain/delay termination of EFTPOS facilities' 'Whether an implied term of good faith applied to the merchant agreement' 'Whether conduct amounted to unconscionable conduct under s 51AC of the Trade Practices Act' 'Whether secondary boycott provisions under the Trade Practices Act were contravened']

Ratio Decidendi

The Court refused interlocutory relief, holding that despite possible grounds for an implied term of good faith or contravention of ss 45D and 51AC, the evidentiary uncertainty, especially as to relationships and business effects, and delay in seeking relief did not warrant interim mandatory orders. The application was dismissed and costs awarded to the respondents.

Court Disposition

Application for interlocutory relief dismissed; costs to respondents.

Orders

  • ['The application for interlocutory relief as per the amended Application is dismissed.' "Costs are to be the Respondents' costs in the proceeding." 'Directions for filing further applications and evidence by specified dates.' 'Proceeding stood over for notices to produce and hearing of further interlocutory...