ADC Centres Pty Ltd v. Kilstream Pty Ltd [1979] FCA 71

ADC Centres Pty Ltd v. Kilstream Pty Ltd [1979] FCA 71

Assuming, without deciding, that a prima facie case under the alleged sections of the Trade Practices Act had been established, on the balance of convenience interlocutory relief should be refused, particularly as the third-party lessee (Randall) was no longer interested in proceeding, an early final hearing could be set, and the potential for unsatisfactory results if injunction was granted outweighed potential harm.

Parties
Applicant: A.D.C. Centres Pty. Limited; Respondent: Kilstream Pty. Limited
Jurisdiction
Australia
Judgment Date
23 July 1979
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Judgment
Outcome
Application for interlocutory injunction refused.
Legal Topics
Exclusive Dealing, Covenant by Lessor, Competition Law, Interlocutory Injunction
Trade Practices Exclusive Dealing Covenant by Lessor Competition Law Interlocutory Injunction

Case Brief

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Parties

A.D.C. Centres Pty. Limited

Applicant

Kilstream Pty. Limited

Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Judgment

Legal Issues

  1. 1 Whether respondent contravened ss.45B, 47(4), or 52 of the Trade Practices Act 1974 in relation to clause 12(h) of the lease
  2. 2 Whether the applicant is entitled to interlocutory relief restraining enforcement or assertion of clause 12(h)

Ratio Decidendi

Assuming, without deciding, that a prima facie case under the alleged sections of the Trade Practices Act had been established, on the balance of convenience interlocutory relief should be refused, particularly as the third-party lessee (Randall) was no longer interested in proceeding, an early final hearing could be set, and the potential for unsatisfactory results if injunction was granted outweighed potential harm.

Court Disposition

Application for interlocutory injunction refused.

Orders

  • Application refused.
  • Liberty to either party to apply on two days notice for directions or any other application.