Dorissa Pty Ltd v Schwob's Swiss Pty Ltd & Ors [1998] FCA 398

Dorissa Pty Ltd v Schwob's Swiss Pty Ltd & Ors [1998] FCA 398

The applicant did not fully disclose material circumstances at the ex parte stage, but there remains a serious question to be tried as to whether a concluded agreement for sale occurred, and the balance of convenience favours maintaining the status quo via interlocutory injunction until final hearing.

Jurisdiction
Australia
Judgment Date
17 April 1998
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Order With Directions for Trial
Outcome
Interlocutory injunction continued pending final hearing; directions given for trial on 6 and 7 May 1998.
Legal Topics
['interlocutory Injunctions' 'franchise Agreements' 'specific Performance' 'relief Against Forfeiture' 'material Non Disclosure']
['commercial Law' 'equity' 'civil Procedure'] ['interlocutory Injunctions' 'franchise Agreements' 'specific Performance' 'relief Against Forfeiture' 'material Non Disclosure']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Order With Directions for Trial

Legal Issues

  1. 1 ['Whether there is a serious issue to be tried that there was a concluded agreement for sale of the business' 'Whether balance of convenience favours granting the interlocutory injunction' 'Whether the ex parte injunction should be discharged for failure to disclose all material circumstances']

Ratio Decidendi

The applicant did not fully disclose material circumstances at the ex parte stage, but there remains a serious question to be tried as to whether a concluded agreement for sale occurred, and the balance of convenience favours maintaining the status quo via interlocutory injunction until final hearing.

Court Disposition

Interlocutory injunction continued pending final hearing; directions given for trial on 6 and 7 May 1998.

Orders

  • ['The applicant and its directors to provide undertakings as to damages.' 'The first and second respondents are restrained from terminating the franchise agreement or taking possession of the premises pending final hearing or further order.' 'Trial by affidavit; schedule for filing and serving pleadings and evidence...