Wine ACC Supplies Pty Ltd v Bordex Wineracks Pty Ltd

The Full Court of the Supreme Court of Victoria heard an appeal concerning an interlocutory injunction and freezing order. The plaintiff, Bordex Wineracks Pty Ltd, had brought an action against Bordex Manufacturing Pty Ltd, Duyen Minh Pham, and Dang Minh Pham, alleging breaches of a business sale agreement and a restraint of trade clause. Bordex Wineracks later sought to join Monterey Wine Accessories Pty Ltd as a fourth defendant, claiming it was operating a competing business under the control of the individual defendants. The court had previously discharged an injunction and freezing order against Wine ACC Supplies Pty Ltd, substituting it with new terms that restricted Wine ACC's ability to deal with its assets, except for specific business expenses and legal costs, and required monthly accounting.

The central legal issues before the court were whether Bordex Wineracks had validly accepted a repudiation of the business sale agreement, and consequently, whether its action against Bordex Manufacturing and the other defendants should be dismissed. The court also considered the implications of alternative pleas within Bordex Wineracks' pleadings regarding the termination of the contract.

The court reasoned that Bordex Wineracks' assertion of repudiation by Bordex Manufacturing, and its subsequent acceptance of that repudiation through the commencement of legal action, was a clear and unequivocal stance. The court found that an alternative plea later in the pleading, suggesting a potential wrongful termination by Bordex Wineracks, did not qualify or undermine the initial acceptance of repudiation. The court concluded that the action against Wine ACC Supplies Pty Ltd should be dismissed.