Dickson Property Management Services Pty Ltd v Centro Property Management (Vic) Pty Ltd [2000] FCA 1742

Court refused interlocutory injunction because damages would be an adequate remedy for any loss suffered from early termination of the contract and it would be inappropriate to require Centro to keep the contract on foot pending trial.

Parties: First Applicant: Dickson Property Management Services Pty Ltd; Second Applicant: G K Property Management Pty Ltd; Respondent: Centro Property Management (Vic) Pty Ltd
Jurisdiction: Australia
Judgment Date: 10 November 2000
Procedural Posture: Application for Interlocutory Injunction / Interlocutory—refusal of Injunction
Outcome: Application for interlocutory injunction refused.
Legal Topics: Termination of Contract, Implied Duty of Good Faith, Unconscionable Conduct, Adequacy of Damages as Remedy

Contract Law Trade Practices Termination of Contract Implied Duty of Good Faith Unconscionable Conduct Adequacy of Damages as Remedy

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Dickson Property Management Services Pty Ltd

First Applicant

G K Property Management Pty Ltd

Second Applicant

Centro Property Management (Vic) Pty Ltd

Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory—refusal of Injunction

Legal Issues

1 Whether respondent can terminate contract under clause 16
2 Whether respondent obliged to act in good faith when exercising termination
3 Whether implied term of good faith and fairness exists in contract

Ratio Decidendi

Court Disposition

Application for interlocutory injunction refused.

Orders

The application for interlocutory injunction is refused.
Undertaking given to the Court on 19 October on behalf of the respondent is discharged.