Graffiti-Off Pty Ltd v Acryline Australia Ltd [1987] FCA 366

Graffiti-Off Pty Ltd v Acryline Australia Ltd [1987] FCA 366

The injunction was discharged on the ground of material non-disclosure and positive misrepresentation by the applicant; had the correct and complete information been disclosed, it is unlikely the ex parte injunction would have been granted.

Jurisdiction
Australia
Judgment Date
09 July 1987
Procedural Posture
Application to Discharge Interlocutory Injunction / Interlocutory Stage
Outcome
Injunction discharged with costs against the applicant.
Legal Topics
['injunctions' 'interlocutory Relief' 'non Disclosure' 'misrepresentation']
['equity'] ['injunctions' 'interlocutory Relief' 'non Disclosure' 'misrepresentation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application to Discharge Interlocutory Injunction / Interlocutory Stage

Legal Issues

  1. 1 ['Whether the interlocutory injunction should be discharged due to material non-disclosure and misrepresentation by the applicant.']

Ratio Decidendi

The injunction was discharged on the ground of material non-disclosure and positive misrepresentation by the applicant; had the correct and complete information been disclosed, it is unlikely the ex parte injunction would have been granted.

Court Disposition

Injunction discharged with costs against the applicant.

Orders

  • ['The interlocutory injunction granted on 1 July 1987 be discharged.' "The applicant pay the respondent's costs of and incidental to the application to discharge, including reserved costs, to be taxed."]