Injunctions

Westfield Management v AMP Capital Nominees [2011] NSWSC 1015

Westfield and AMP entered into a joint venture agreement which provided that AMP with a two thirds share of the units in a managed investment scheme could not resolve to wind up the scheme under section 601NB of the Corporations Act without the consent of Westfield. AMP intended to exercise its voting right to wind …

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Peter David Roy Lewis v Lisa Adele McKinnon [2011] NSWSC 338

Purchasers entered into a contract for the purchase of a home on the basis of representations as to water views from a potential second storey that could be added to the existing home with photos of the harbour contained in the vendor’s agent’s  brochure. The purchasers employed an architect who found that harbour views could …

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Bird v McComb [2011] FCA 129

A defacto couple owned multiple properties through multiple companies. When they split the man notified ASIC that the woman had ceased as director and secretary of various companies and had transferred her shares to him and the register was altered accordingly. The woman sought, a declaration that she was still a director and shareholder of …

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ACCC v Singtel Optus [2011] FCA 87

This misleading and deceptive case concerned the carrier’s four advertisements for ‘unlimited broadband’ which failed to disclose speed limitations once a specified data allowance was reached. The court obliged the prosecution by making a declaration that the ordinary reasonable consumer would not read ‘unlimited’ as referring only to volume but also speed. However, the court …

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Century Funds Management v Opus Capital [2011] FCA 78

Century Funds Management wished to replace Opus Capital as responsible entity for various funds. A meeting of the fund members had been arranged. Opus Capital published a brochure to its members expressing opinions as to Century Funds Management’s appropriateness as a fund manager. Century Funds Management sought to restrain Opus Capital from distributing any material …

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Interpharma v Aventis Pharma SA [2011] FCA 32

This case concerned alleged infringements of a patent by a generic pharmaceutical company. The owner of the patent sought injunctions to restrain the supply of the drug in question by the generic pharmaceutical company. The court refused to grant the injunction after considering the three main questions relevant to an injunction application. Was there a …

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