Peter Howard Barrand v. Endeeavour Resources Ltd [1980] FCA 86

Peter Howard Barrand v. Endeeavour Resources Ltd [1980] FCA 86

The proceedings became moot as the shareholders' meeting had already occurred and applicant no longer sought relief; therefore, the action was dismissed with costs to the respondent up to 9 June 1980.

Parties
Applicant: Peter Howard Barrand; Respondent: Endeavour Resources Limited
Jurisdiction
Australia
Judgment Date
19 June 1980
Procedural Posture
Application for Interlocutory Injunction Under the Trade Practices Act 1974 / Final Judgment and Orders After Interlocutory Proceedings
Outcome
Action dismissed
Legal Topics
Interim Injunctions, Section 52 Misleading or Deceptive Conduct, Section 80 Remedies, Costs Orders
Trade Practices Interim Injunctions Section 52 Misleading or Deceptive Conduct Section 80 Remedies Costs Orders

Case Brief

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Parties

Peter Howard Barrand

Applicant

Endeavour Resources Limited

Respondent

Procedural Posture

Application for Interlocutory Injunction Under the Trade Practices Act 1974 / Final Judgment and Orders After Interlocutory Proceedings

Legal Issues

  1. 1 Whether an interim injunction should be granted restraining the respondent from passing certain resolutions and engaging in misleading or deceptive conduct under s.52 of the Trade Practices Act 1974
  2. 2 Whether the interim injunction should be rescinded under s.80(3) of the Act
  3. 3 Proper order as to costs following discontinuance of proceedings

Ratio Decidendi

The proceedings became moot as the shareholders' meeting had already occurred and applicant no longer sought relief; therefore, the action was dismissed with costs to the respondent up to 9 June 1980.

Court Disposition

Action dismissed

Orders

  • The action is dismissed.
  • The applicant is to pay the respondent's costs up to the conclusion of the proceedings on Monday 9 June 1980.