AA Shi Pty Ltd v Avbar Pty Ltd (No 3) [2010] FCA 440

AA Shi Pty Ltd v Avbar Pty Ltd (No 3) [2010] FCA 440

There were serious questions to be tried and the balance of convenience favoured the applicant. Nonetheless, costs of and incidental to the application for interlocutory relief should be reserved, as the court will have a more complete understanding when substantive issues are determined.

Parties
Applicant: AA SHI PTY LTD (ACN 100 459 667); First Respondent: AVBAR PTY LTD (ACN 100 433 752); Second Respondent: NIR INVESTMENTS PTY LTD (ACN 100 276 015)
Jurisdiction
Australia
Judgment Date
06 May 2010
Procedural Posture
Application for Interlocutory Relief / Interlocutory Order
Outcome
Application for interlocutory relief granted; respondents restrained as set out in orders; costs of interlocutory application reserved.
Legal Topics
Interlocutory Relief, Injunctions, Costs
Civil Procedure Interlocutory Relief Injunctions Costs

Case Brief

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Parties

AA SHI PTY LTD (ACN 100 459 667)

Applicant

AVBAR PTY LTD (ACN 100 433 752)

First Respondent

NIR INVESTMENTS PTY LTD (ACN 100 276 015)

Second Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Order

Legal Issues

  1. 1 Whether interlocutory relief should be granted to restrain the respondents from entering specified service stations and acting on notices of termination
  2. 2 Costs of the interlocutory application

Ratio Decidendi

There were serious questions to be tried and the balance of convenience favoured the applicant. Nonetheless, costs of and incidental to the application for interlocutory relief should be reserved, as the court will have a more complete understanding when substantive issues are determined.

Court Disposition

Application for interlocutory relief granted; respondents restrained as set out in orders; costs of interlocutory application reserved.

Orders

  • First and second respondents restrained from entering, or causing others to enter, specified service stations except as permitted by undertakings, until trial or further order.
  • First and second respondents restrained from acting upon or implementing certain notices of termination, until trial or further order.