Cab Tab Australia Pty Ltd v Australia & New Zealand Banking Group Ltd & Anor [1996] FCA 722

Cab Tab Australia Pty Ltd v Australia & New Zealand Banking Group Ltd & Anor [1996] FCA 722

There is a serious issue to be tried regarding the effectiveness of the termination notice, and the balance of convenience favours granting an interlocutory injunction restraining the Bank from acting on the notice of termination, as the cessation of the applicant's business outweighs possible contractual difficulties for the Bank.

Jurisdiction
Australia
Judgment Date
09 July 1996
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['interlocutory Injunction' 'termination of Agreement' 'merchant Facility' 'balance of Convenience' 'surcharge on Credit Card Transactions']
['contract Law' 'trade Practices'] ['interlocutory Injunction' 'termination of Agreement' 'merchant Facility' 'balance of Convenience' 'surcharge on Credit Card Transactions']

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether a serious issue to be tried exists regarding the termination of the Merchant Agreement' 'Whether balance of convenience favours granting interlocutory injunction' 'Potential breach of contract between bank and credit card provider']

Ratio Decidendi

There is a serious issue to be tried regarding the effectiveness of the termination notice, and the balance of convenience favours granting an interlocutory injunction restraining the Bank from acting on the notice of termination, as the cessation of the applicant's business outweighs possible contractual difficulties for the Bank.

Court Disposition

Interlocutory injunction granted

Orders

  • ['First respondent restrained from acting on the notice of termination until further order of the Court, upon the usual undertaking as to damages.' 'The costs of this interlocutory injunction hearing be costs in the cause.']