Skymaker Holdings Pty Ltd v Jadjet Pty Ltd [2006] FCA 13

Skymaker Holdings Pty Ltd v Jadjet Pty Ltd [2006] FCA 13

There is a serious question to be tried as to whether the contract required transfer of the business telephone number (9244 1905) and whether the failure to do so amounted to breach. On the balance of convenience, the strength of the applicant’s case for breach of contract, likely inability to adequately assess damages, and timing in relation to business enrolments outweigh the delay and inconvenience to the respondents. The interlocutory mandatory injunction should issue, requiring respondents to transfer the number immediately to the applicant at no cost.

Parties
Applicant: Skymaker Holdings Pty Ltd; First Respondent: Jadjet Pty Ltd; Second Respondent: Gerard Cyril Herbert Dornford; Third Respondent: Lina Louise Dornford
Jurisdiction
Australia
Judgment Date
20 January 2006
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (mandatory Injunction Sought)
Outcome
Interlocutory mandatory injunction granted
Legal Topics
Interlocutory Mandatory Injunction, Sale of Business, Breach of Contract, Trade Practices Act, Goodwill, Telephone Number Transfer
Commercial Law Equity Interlocutory Mandatory Injunction Sale of Business Breach of Contract Trade Practices Act Goodwill Telephone Number Transfer

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Parties

Skymaker Holdings Pty Ltd

Applicant

Jadjet Pty Ltd

First Respondent

Gerard Cyril Herbert Dornford

Second Respondent

Lina Louise Dornford

Third Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (mandatory Injunction Sought)

Legal Issues

  1. 1 Whether there is a serious question to be tried as to entitlement to the transfer of the telephone number under the sale agreement
  2. 2 Whether the interlocutory relief (mandatory injunction) should be granted on the balance of convenience

Ratio Decidendi

There is a serious question to be tried as to whether the contract required transfer of the business telephone number (9244 1905) and whether the failure to do so amounted to breach. On the balance of convenience, the strength of the applicant’s case for breach of contract, likely inability to adequately assess damages, and timing in relation to business enrolments outweigh the delay and inconvenience to the respondents. The interlocutory mandatory injunction should issue, requiring respondents to transfer the number immediately to the applicant at no cost.

Court Disposition

Interlocutory mandatory injunction granted

Orders

  • Respondents to take all steps to transfer telephone number 9244 1905 forthwith to the applicant at no cost to the applicant.
  • Costs reserved.