Mobileworld Operating Pty Ltd v Telstra Corporation Limited [2005] FCA 1365

Mobileworld Operating Pty Ltd v Telstra Corporation Limited [2005] FCA 1365

Although there was a serious question to be tried on both promissory estoppel and breach of contract, the applicant's case in each respect was not strong and, on the evidence, damages would provide an adequate remedy if the applicant succeeded at trial. The balance of convenience did not favour granting interlocutory relief. The possibility of irreparable harm was not established. The notice of motion for an interlocutory injunction was dismissed.

Parties
Applicant: Mobileworld Operating Pty Ltd (ACN 090 451 433); First Respondent: Telstra Corporation Limited (ACN 051 775 556); Second Respondent: David Kenneth Moffatt; Third Respondent: Edward Noel Pretty
Jurisdiction
Australia
Judgment Date
23 September 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application—determination of Notice of Motion
Outcome
application for interlocutory injunctive relief refused; notice of motion dismissed
Legal Topics
Injunctions, Promissory Estoppel, Breach of Contract
Contract Law Equity Practice and Procedure Injunctions Promissory Estoppel Breach of Contract

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Parties

Mobileworld Operating Pty Ltd (ACN 090 451 433)

Applicant

Telstra Corporation Limited (ACN 051 775 556)

First Respondent

David Kenneth Moffatt

Second Respondent

Edward Noel Pretty

Third Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application—determination of Notice of Motion

Legal Issues

  1. 1 Whether the applicant is entitled to an interlocutory injunction to restrain the respondent from requiring repayment of alleged overpayments or treating non-payment as grounds for termination of a dealership agreement
  2. 2 Whether the claim in promissory estoppel and/or breach of contract gives rise to a serious question to be tried
  3. 3 Whether the balance of convenience favours grant of interlocutory relief

Ratio Decidendi

Although there was a serious question to be tried on both promissory estoppel and breach of contract, the applicant's case in each respect was not strong and, on the evidence, damages would provide an adequate remedy if the applicant succeeded at trial. The balance of convenience did not favour granting interlocutory relief. The possibility of irreparable harm was not established. The notice of motion for an interlocutory injunction was dismissed.

Court Disposition

application for interlocutory injunctive relief refused; notice of motion dismissed

Orders

  • The applicant's notice of motion filed on 10 May 2005 be dismissed.