Mikaelian v Commonwealth Scientific and Industrial

The case of Mikaelian v Commonwealth Scientific and Industrial involved a dispute between the applicant, Mikaelian, and the respondents, Colliers and CSIRO. Mikaelian sought a declaration that the respondents had breached s 52 of the Act and for damages for the loss of the opportunity to purchase a restaurant. The respondents argued that they had not breached s 52 of the Act and denied that any damage had been suffered by Mikaelian. The Federal Court was required to determine whether the respondents had breached s 52 of the Act and whether a declaration should be made in the circumstances.

The court considered whether a declaration should be made that the respondents had breached s 52 of the Act even if Mikaelian had not suffered any damage. The court found that a declaration would not serve any practical purpose between the parties, and it would be a rare case where declaratory relief would be granted in such circumstances. The court also found that the public interest was not of such consequence as to outweigh the matters that weighed against the making of a declaration. The court concluded that the application for a declaration should be dismissed.

The court found that the evidence of Mr Charara, who had an option over the restaurant, was not to be believed, and therefore, no declaration should be made. The court dismissed the application and ordered the parties to file and serve written submissions as to costs within seven days of the date of the order.