David Holdings Proprietary Limited v Coles Myer Limited [1992] FCA 1102

David Holdings Proprietary Limited v Coles Myer Limited [1992] FCA 1102

No error was demonstrated in the primary judge’s refusal to further extend the interim injunction; applicant failed to show an arguable case or that injustice would result from the refusal.

Parties
Appellant: Davids Holdings Proprietary Limited; Respondent: Coles Myer Limited
Jurisdiction
Australia
Judgment Date
20 November 1992
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Order
Outcome
leave to appeal refused
Legal Topics
Interim Injunctions, Interlocutory Relief, Fiduciary Duties, Trade Practices
Commercial Law Corporations Law Interim Injunctions Interlocutory Relief Fiduciary Duties Trade Practices

Case Brief

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Parties

Davids Holdings Proprietary Limited

Appellant

Coles Myer Limited

Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Order

Legal Issues

  1. 1 Whether proposed share acquisition by Coles Myer would breach section 46 of the Trade Practices Act 1974
  2. 2 Whether Coles Myer was knowingly involved in a breach by directors of QIW of their fiduciary duty
  3. 3 Whether the applicant could give effect to its undertaking as to damages

Ratio Decidendi

No error was demonstrated in the primary judge’s refusal to further extend the interim injunction; applicant failed to show an arguable case or that injustice would result from the refusal.

Court Disposition

leave to appeal refused

Orders

  • leave to appeal refused with costs