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

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

The Court granted limited interim relief because the affidavit evidence established a sufficiently arguable case that the powdered milk business formerly conducted by the fourth defendant had been appropriated by the first and second defendants without the plaintiffs' consent, and the balance of convenience favoured preventing alienation or encumbrance of the Powdered Milk Business Assets while preserving ordinary-course dealings up to $10,000 or with consent.

Jurisdiction
Australia
Judgment Date
10 June 2016
Procedural Posture
Originating Process in Equity Corporations List Seeking Interim Relief / Interim Application Pending Interlocutory Hearing
Outcome
Interim injunction granted; defendants directed to serve evidence; proceedings adjourned.
Legal Topics
['interim Injunction' 'sufficiently Arguable Case' 'balance of Convenience' 'alleged Appropriation of Business Assets']
['equity' 'corporations' 'civil Procedure'] ['interim Injunction' 'sufficiently Arguable Case' 'balance of Convenience' 'alleged Appropriation of Business Assets']

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Procedural Posture

Originating Process in Equity Corporations List Seeking Interim Relief / Interim Application Pending Interlocutory Hearing

Legal Issues

  1. 1 ["Whether there was a sufficiently arguable case for the purposes of an interim injunction that the powdered milk business formerly conducted by the fourth defendant had been appropriated by the first and second defendants without the plaintiffs' consent." 'Whether the balance of convenience favoured interim restraints on alienating or encumbering the Powdered Milk Business Assets.' "Whether the proposed injunction would inhibit the second defendant's ability to enter into a prospective contract for overseas supply."]

Ratio Decidendi

The Court granted limited interim relief because the affidavit evidence established a sufficiently arguable case that the powdered milk business formerly conducted by the fourth defendant had been appropriated by the first and second defendants without the plaintiffs' consent, and the balance of convenience favoured preventing alienation or encumbrance of the Powdered Milk Business Assets while preserving ordinary-course dealings up to $10,000 or with consent.

Court Disposition

Interim injunction granted; defendants directed to serve evidence; proceedings adjourned.

Orders

  • ["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...