D'Arling One Pty Ltd v Eagle Boys Dial-A-Pizza Pty Limited [2009] NSWSC 570
The application for interlocutory relief failed because damages were an adequate and suitable remedy: the defendant had agreed to purchase the plaintiff's business for $250,000, and damages for failure to purchase the business were crystallised in that agreed amount.
- Jurisdiction
- Australia
- Judgment Date
- 12 June 2009
- Procedural Posture
- Application for Interlocutory Injunction / Ex Tempore Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- ['interlocutory Injunctions' 'specific Performance' 'sale of Business' 'franchise Agreement' 'adequacy of Damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Interlocutory Injunction / Ex Tempore Judgment
Legal Issues
- 1 ['Whether the plaintiff should be granted an interlocutory injunction restraining the defendant from acting upon its purported termination of the franchise agreement.' "Whether damages were an adequate remedy for the defendant's alleged breach."]
Ratio Decidendi
The application for interlocutory relief failed because damages were an adequate and suitable remedy: the defendant had agreed to purchase the plaintiff's business for $250,000, and damages for failure to purchase the business were crystallised in that agreed amount.
Court Disposition
Application dismissed with costs
Orders
- ["The plaintiff is to pay the defendant's costs."]
Full Case Text
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