Art Nouveau Publishing Co P/L v Coles, R

[1993] FCA 837

837    1 9 3

JUDGMENT No. .... , ..,.. ,..,.,., .,,,,,,,,,,,

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY ) NO. NG 827 of 1993

)

GENERAL DIVISION )

BETWEEN:  ART NOUVEAU PUBLISHING CO
PTY LIMITED

RECEIVED	Applicant
2 3 NOV 1993

FEDERAL COURT OF AND : RONALD COLES AND JAN COLES

AUSTRALIA tradina as RONALD COLES
INVESTMENT GALLERY

Respondents

1 November 1993

REASONS FOR JUDGMENT

LOCKHART J.

This matter commenced in Court on Friday last when the applicant sought and obtained an ex parte injunction from another judge of the Court restraining the respondents from engaging in conduct of which the applicant complained. The proceeding was then adjourned until today. The injunction, although ex parte, was in form an injunction that restrained the respondents from engaging in the relevant conduct until further order, but the applicant agreed this morning that the onus lay upon it to continue as from today that injunction notwithstanding its form, a course which I must say I encouraged the applicant to take, and which in my view plainly is correct.

The respondents, faced with an order in the terms which it bore, although ex parte, then filed a notice of motion in Court	today by leave of the Court seeking to discharge the injunction,
but it became plain in the course of discussion between counsel and myself that the respondents were simply seeking to ensure that the injunction which had been granted ex parte did not continue beyond today. They were not seeking to discharge it ab initio. The affidavits filed by both parties were read and the matter was then adjourned for a short time as there was other urgent business of the Court to attend to.
In the meantime, the parties have engaged in, if I may say so, very sensible discussions and produced the result of consent orders and undertakings except on the question of costs, where there is some degree of dispute. So far as costs are concerned, in my view, all costs of the parties incurred in relation to the ex parte injunction and of today's proceedings should be reserved, including the motion of the respondents to discharge the injunctions. If the matter proceeds to hearing, they can all be dealt with in due course.
I note the undertakings to the court by the respective parties, their solicitors and counsel mentioned in paragraphs 2,
3 and 4 of the short minutes of order initialled by me and placed
with the papers.
I note paragraph 4(a) of the terms, namely, that the undertakings in paragraphs 3 and 4 are to subsist until further order, and make orders by consent in terms of paragraphs 1, l (a), 5 and 6. I also make orders 7 and 8 of the terms, which are not by consent.
I direct that the solicitors for the applicant uplift the handwritten short minute for the purpose of having it typed and returning the typed version and the handwritten version to my Associate by 10.00 am tomorrow morning.

I certify that this and the preceding two (2) pages are a true copy of the redsons for judgment herein of the Honourable Mr. Justice Lockhart.

Associate i- .-W. /W

Dated: 1 November 1993

Counsel for the Applicant	R J Webb
Solicitors for the Applicant :	Allen Allen & Hemsley

Counsel for the Respondents : M S Willmott

Solicitors for the Respondents:	Coleman and Greig
Date of Hearing	1 November 1993
Date of Judgment	1 November 1993