Landmark Systems Corporation & Anor v On-Line Consulting Pty Ltd & Anor [1995] FCA 168

Landmark Systems Corporation & Anor v On-Line Consulting Pty Ltd & Anor [1995] FCA 168

The letter of 10 February 1995 was misleading because it conveyed that Landmark would remain bound until the arbitration procedure reached a concluded outcome to provide second level support to On-Line and that both parties' duties and responsibilities would continue, whereas the undertakings were only until the close of 6 March 1995 or further order and the arbitrators were expected shortly to consider interlocutory relief. An injunction should therefore restrain sending the letter, limited to that period.

Jurisdiction
Australia
Judgment Date
23 February 1995
Procedural Posture
Notice of Motion for Injunction / Ex Tempore Reasons for Judgment
Outcome
Injunction granted, limited until the close of 6 March 1995 or further order; costs of the motion to be costs in the cause.
Legal Topics
['injunction' 'interlocutory Relief' 'distribution Agreement' 'undertakings' 'misleading Customer Communication']
['commercial Law' 'arbitration' 'equity'] ['injunction' 'interlocutory Relief' 'distribution Agreement' 'undertakings' 'misleading Customer Communication']

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Procedural Posture

Notice of Motion for Injunction / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether an injunction should restrain sending the letter of 10 February 1995.' 'Whether the letter was misleading in stating that duties and responsibilities under the distribution agreement would continue through the arbitration process and that Landmark would continue second level support.' 'Whether any restraint should be limited to the period of existing undertakings until the close of 6 March 1995 or further order.']

Ratio Decidendi

The letter of 10 February 1995 was misleading because it conveyed that Landmark would remain bound until the arbitration procedure reached a concluded outcome to provide second level support to On-Line and that both parties' duties and responsibilities would continue, whereas the undertakings were only until the close of 6 March 1995 or further order and the arbitrators were expected shortly to consider interlocutory relief. An injunction should therefore restrain sending the letter, limited to that period.

Court Disposition

Injunction granted, limited until the close of 6 March 1995 or further order; costs of the motion to be costs in the cause.

Orders

  • ['There should be an injunction in terms of paragraph 5 of the notice of motion.' 'The injunction should be limited to the period until the close of 6 March 1995 or further order.' 'The costs of the motion will be costs in the cause.']