Boddy & Collins Pty Ltd & Ors v Ampol Petroleum Ltd [1981] FCA 113

Boddy & Collins Pty Ltd & Ors v Ampol Petroleum Ltd [1981] FCA 113

The Court will not make an order that would directly contravene an existing injunction granted by a court of coordinate jurisdiction (i.e., the Supreme Court). As a matter of comity, such steps are reserved for very limited, last resort situations. The application for interlocutory relief is therefore stood over...

Source-derived case information.

Parties
Applicant: Boddy and Collins Pty Limited; Respondent: Nicholas Desmond; Respondent: Marion Gertrude Desmond; Respondent: Ampol Petroleum Limited
Jurisdiction
Australia
Judgment Date
02 July 1981
Procedural Posture
Application for Interlocutory Injunction Under the Trade Practices Act 1974 / Interlocutory Application; Directions Hearing Adjourned Pending Hearing of the Action
Outcome
Application stood over; no injunction granted at this stage; leave to amend application; costs reserved; directions ordered for filing statement of claim.
Legal Topics
Exclusive Dealing, Interlocutory Relief, Construction of Lease, Comity Between Courts, Jurisdiction
Trade Practices Property Law Injunctions Exclusive Dealing Interlocutory Relief Construction of Lease Comity Between Courts Jurisdiction

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Parties

Boddy and Collins Pty Limited

Applicant

Nicholas Desmond

Respondent

Marion Gertrude Desmond

Respondent

Ampol Petroleum Limited

Respondent

Procedural Posture

Application for Interlocutory Injunction Under the Trade Practices Act 1974 / Interlocutory Application; Directions Hearing Adjourned Pending Hearing of the Action

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction under s.47 of the Trade Practices Act 1974
  2. 2 Whether the court should make orders contrary to injunctions already issued in the Supreme Court of the ACT
  3. 3 Construction of the lease and whether it covers the service station area

Ratio Decidendi

The Court will not make an order that would directly contravene an existing injunction granted by a court of coordinate jurisdiction (i.e., the Supreme Court). As a matter of comity, such steps are reserved for very limited, last resort situations. The application for interlocutory relief is therefore stood over pending resolution of the substantive action, and the question of costs is reserved.

Court Disposition

Application stood over; no injunction granted at this stage; leave to amend application; costs reserved; directions ordered for filing statement of claim.

Orders

  • Leave granted to applicant to amend application generally.
  • Costs reserved.