N. A. Retail Solutions Pty Limited v St George Bank Limited

In N. A. Retail Solutions Pty Limited v St George Bank Limited, the Federal Court of Australia was asked to determine whether the termination of EFTPOS facilities provided by St George Bank to petrol stations operated by N. A. Retail Solutions Pty Limited was lawful. The applicants sought interlocutory relief, including an injunction to reinstate the EFTPOS facilities. The primary issue was whether the bank's termination of the merchant agreement was in breach of an implied term of good faith or whether it contravened provisions of the Trade Practices Act. Flick J found that while there was a serious question to be tried regarding the bank's conduct, the applicants had not demonstrated irreparable injury or that the balance of convenience favoured granting the relief sought. The court also found that the implied term of good faith and the obligations under the Code of Banking Practice did not necessarily preclude the bank from exercising its contractual right to terminate the agreement. Consequently, the application for interlocutory relief was dismissed, and the applicants were directed to file further applications and evidence by specified deadlines.