PRACTICE AND PROCEDURE – application for interlocutory injunction – applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business, and company and personal guarantees – applicant defaulted on obligation to make payments to fifth respondent – applicant alleges respondents engaged in misleading and deceptive conduct and unconscionable conduct contrary to ss 18 and 21 of Australian Consumer Law – applicant alleges respondent misrepresented or concealed condition of business assets – applicant seeks to restrain first and fifth respondents from exercising contractual rights arising from applicant’s default pending determination of claims – interlocutory injunctions granted preventing first and fifth respondents from exercising certain rights
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
