Johen Pty Ltd v Lambear Pty Ltd [1987] FCA 69

Johen Pty Ltd v Lambear Pty Ltd [1987] FCA 69

Application for interim injunction refused because no misrepresentation was alleged in the District Court proceedings, the nature of alleged misrepresentations was weak, and statements relied upon appeared to be opinion or promissory. The District Court should decide whether to proceed with the summary judgment applications.

Parties
First Applicant: JOHEN PTY. LTD.; Second Applicant: JOHN RICHARD COOPER; Third Applicant: HELEN MAREE FRANCES COOPER; First Respondent: LAMBEAR PTY. LTD.; Second Respondent: WALHIND PTY. LIMITED
Jurisdiction
Australia
Judgment Date
12 February 1987
Procedural Posture
Application for Interim Injunction / Motion/interlocutory
Outcome
Application for interim injunction refused with costs.
Legal Topics
Interim Injunction, Trade Practices Act, Jurisdiction, Misrepresentation
Civil Procedure Interim Injunction Trade Practices Act Jurisdiction Misrepresentation

Case Brief

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Parties

JOHEN PTY. LTD.

First Applicant

JOHN RICHARD COOPER

Second Applicant

HELEN MAREE FRANCES COOPER

Third Applicant

LAMBEAR PTY. LTD.

First Respondent

WALHIND PTY. LIMITED

Second Respondent

Procedural Posture

Application for Interim Injunction / Motion/interlocutory

Legal Issues

  1. 1 Whether an interim injunction should restrain prosecution of District Court summary judgment applications
  2. 2 Whether representations made regarding turnover and competition constituted actionable misrepresentation under the Trade Practices Act

Ratio Decidendi

Application for interim injunction refused because no misrepresentation was alleged in the District Court proceedings, the nature of alleged misrepresentations was weak, and statements relied upon appeared to be opinion or promissory. The District Court should decide whether to proceed with the summary judgment applications.

Court Disposition

Application for interim injunction refused with costs.

Orders

  • The application for an interim injunction be refused, with costs.