United Dairy Power Pty Ltd v Murray Goulburn Co operative Co Ltd [2011] FCA 762 (6 July 2011)

http://www.austlii.edu.au/au/cases/cth/FCA/2011/762.html

TRADE PRACTICES – Application for interlocutory injunction –Respondent’s employees allegedly made representations that the applicant is in financial difficulty and unable to pay suppliers – Whether serious question to be tried – Whether balance of convenience favours the grant of interlocutory relief

EVIDENCE – Applicant relied on hearsay evidence – Whether double hearsay evidence admissible – Whether evidence should be excluded as unfairly prejudicial – Whether applicant required to prove damage

Evidence Act 1995 (Cth) ss 59, 62(1), 75, 135