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Applicant franchisees applied for injunctions restraining franchisor from purporting to terminate two franchise agreements; whether balance of convenience in favour of injunction; application allowed: Holmes J
Primary Judgment
[2003] QSC 56
06 Feb 2003
Defendant applied for leave to amend defence and for leave to file counterclaim after commencement of trial; where amendment related to allegation of fraud; where award of costs not adequate to compensate prejudice to plaintiffs; application dismissed: Wilson J
Appeal Determined (QCA)
[2003] QCA 402
12 Sep 2003
Defendant appealed against [2002] QSC 209 and [2003] QSC 56; whether Holmes J erred in restraining breach of a negative stipulation; whether refusal of amendment by Wilson J denied defendant fair trial; appeals dismissed with costs: Williams and Jerrard JJA and Muir J
Appeal Status
Appeal Determined (QCA)
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