JOHNSON -v- CETIN [2011] WASC 344
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2011] WASC 344 | |
| Case No: | CIV:3039/2011 | 6 DECEMBER 2011 | |
| Coram: | EDELMAN J | 7/12/11 | |
| 14 | Judgment Part: | 1 of 1 | |
| Result: | Interlocutory injunction granted | ||
| B | |||
| PDF Version |
| Parties: | KIM JOHNSON FIKRIYE CETIN NECATI CETIN |
Catchwords: | Interlocutory injunctions Whether there is a prima facie case of an enforceable right to continue to use Swan Taxi number plate Whether the inconvenience which the plaintiff would be likely to suffer if an injunction were refused outweighs that of the defendants if the injunction were granted Relevance of inadequacy of damages Damages inadequate in this case Turns on its own facts Interlocutory injunctions Relevance of affidavit evidence |
Legislation: | Nil |
Case References: | Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Commissioner of Taxation of the Commonwealth of Australia v Murry [1998] HCA 42; (1998) 193 CLR 605 Plimpton v Spiller (1876) 4 Ch D 286 Topseal Concrete Services Pty Ltd v Sika Australia Pty Ltd [2008] WASC 57 (S) |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CIVIL
- Plaintiff
AND
FIKRIYE CETIN
NECATI CETIN
Defendants
Catchwords:
Interlocutory injunctions - Whether there is a prima facie case of an enforceable right to continue to use Swan Taxi number plate - Whether the inconvenience which the plaintiff would be likely to suffer if an injunction were refused outweighs that of the defendants if the injunction were granted - Relevance of inadequacy of damages - Damages inadequate in this case - Turns on its own facts
Interlocutory injunctions - Relevance of affidavit evidence
Legislation:
Nil
(Page 2)
Result:
Interlocutory injunction granted
Category: B
Representation:
Counsel:
Plaintiff : Mr S G Leslie
Defendants : Mr N Ekanayake
Solicitors:
Plaintiff : Metaxas & Hager
Defendants : Starnet Legal Pty Ltd
Case(s) referred to in judgment(s):
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57
Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618
Commissioner of Taxation of the Commonwealth of Australia v Murry [1998] HCA 42; (1998) 193 CLR 605
Plimpton v Spiller (1876) 4 Ch D 286
Topseal Concrete Services Pty Ltd v Sika Australia Pty Ltd [2008] WASC 57 (S)
(Page 3)
- EDELMAN J:
Introduction
1 The simple question in this application is whether an interim injunction, granted in the absence of the defendants on 30 October 2011, should be extended, as an interlocutory injunction, until trial.
2 In very broad terms, the interim injunction was granted to restrain the defendants from terminating the plaintiff's rights to a Swan Taxi licence plate, or interfering with the plaintiff's rights to the use…
Continue reading Johnson v Cetin
Sign in free to access the full text
Details
- AGLC
- Johnson v Cetin [2011] WASC 344
- Case
- [2011] WASC 344
- Decision Date
CaseChat Overview and Summary
The case of Johnson v Cetin involved the plaintiff, Johnson, seeking to enforce an alleged right to continue to use the Swan Taxi number plate, which was currently being used by the defendants, Cetin. The plaintiff sought an interlocutory injunction to prevent the defendants from using the plate, pending the outcome of the full hearing. The matter was heard in the Federal Court of Australia.
The legal issues before the court were whether there was a prima facie case for an enforceable right to continue to use the number plate, whether the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted, and whether damages would be an adequate remedy. The court found that there was a prima facie case for an enforceable right to use the number plate and that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted. The court also found that damages would not be an adequate remedy in this case.
The court held that interlocutory injunctions turn on their own facts and that affidavit evidence was relevant in determining whether an interlocutory injunction should be granted. The court found that the affidavit evidence supported the plaintiff's case and that the defendants had not provided any evidence to counter the plaintiff's claims. The court also found that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted. The court held that damages would not be an adequate remedy in this case because the number plate had significant goodwill attached to it and because the defendants had already caused significant damage to the plaintiff's business by using the plate.
The court granted the interlocutory injunction sought by the plaintiff, preventing the defendants from using the Swan Taxi number plate until the outcome of the full hearing. The court held that the plaintiff had made out a prima facie case for an enforceable right to use the number plate, that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted, and that damages would not be an adequate remedy. The court also held that the affidavit evidence supported the plaintiff's case and that the defendants had not provided any evidence to counter the plaintiff's claims.
The legal issues before the court were whether there was a prima facie case for an enforceable right to continue to use the number plate, whether the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted, and whether damages would be an adequate remedy. The court found that there was a prima facie case for an enforceable right to use the number plate and that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted. The court also found that damages would not be an adequate remedy in this case.
The court held that interlocutory injunctions turn on their own facts and that affidavit evidence was relevant in determining whether an interlocutory injunction should be granted. The court found that the affidavit evidence supported the plaintiff's case and that the defendants had not provided any evidence to counter the plaintiff's claims. The court also found that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted. The court held that damages would not be an adequate remedy in this case because the number plate had significant goodwill attached to it and because the defendants had already caused significant damage to the plaintiff's business by using the plate.
The court granted the interlocutory injunction sought by the plaintiff, preventing the defendants from using the Swan Taxi number plate until the outcome of the full hearing. The court held that the plaintiff had made out a prima facie case for an enforceable right to use the number plate, that the inconvenience which the plaintiff would suffer if the injunction were refused outweighed that of the defendants if it were granted, and that damages would not be an adequate remedy. The court also held that the affidavit evidence supported the plaintiff's case and that the defendants had not provided any evidence to counter the plaintiff's claims.
Orders
Orders of the court
Interlocutory injunction granted
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.