AA Shi Pty Ltd v Avbar Pty Ltd

Upon the applicant and David Yahalom giving: 1. The usual undertaking as to damages; and 2. The undertakings set out in paragraph 6 of the affidavit of David Yahalom sworn 28 April 2010; and 3. Undertakings to permit the respondents to: (a) conduct monthly spot checks; (b) of each of the service stations identified in Order 2 hereof ("the service stations"); (c) no more than once per calendar month per service station; (d) by a person adequately qualified to undertake such spot checks; (e) between the hours of 9.30 am and 12.00 pm; (f) with a minimum of disruption to staff at the particular service station site; and (g) by a person who must, prior to commencing the spot check, identify themselves to the manager on duty at the relevant service station; and 4. Undertakings to permit the respondents to: (a) visit each of the service station sites; (b) no more than once per week per service station; (c) with a minimum of disruption to staff at the particular service station site; (d) at which visits the respondents may observe the whole of the service station site; and (e) test the equipment thereon; (f) provided that upon such visits the respondents may not test the cash registers, safes and gas storage equipment on the site; and (g) that any testing of the petrol bowsers be conducted by an appropriately qualified person (save to the extent that qualifications are not necessary for the testing being carried out); and (h) that the person performing such visits on behalf of the respondents identify themselves to the manager on duty at the relevant service station, prior to the visit commencing; and Upon the respondents giving: 1. An undertaking that they will provide to the applicant a written report as to the findings of any spot checks they conduct within five (5) working days of the day on which the spot check is conducted. THE COURT ORDERS THAT: 1. Until the trial of this proceeding or further order of this Honourable Court, each of the first and second respondents be restrained whether by itself, its agents or howsoever otherwise from: (a) entering upon; or (b) causing or procuring any other person to enter upon: (i) 235 Flemington Road, North Melbourne, Victoria; or (ii) 2282 Cunningham Highway, Yamanto, Queensland; or (iii) 414 Warrego Highway, Hatton Vale, Queensland; or (iv) 655 Deception Bay Road, Deception Bay, Queensland; other than as is necessary to conduct the spot checks and visits permitted by the undertakings given by the applicant and David Yahalom set out above. 2. Until the trial of this proceeding or further order of this Honourable Court, each of the first and second respondents be restrained whether by itself, its agents or howsoever otherwise from acting upon or implementing the following purported notices of termination of agreements between the applicant and the first and second respondents: (a) notice dated 12 April 2010 from the first respondent to the applicant, in respect of the "Oz Fuel" service station located at 2282 Cunningham Highway, Yamanto in the State of Queensland; (b) notice dated 12 April 2010 from the first respondent to the applicant, in respect of the "Oz Fuel" service station located at 235 Flemington Road, North Melbourne in the State of Victoria; (c) notice dated 12 April 2010 from the first respondent to the applicant, in respect of the "Oz Fuel" service station located at 4114 Warrego Highway, Hatton Vale in the State of Queensland; (d) notice dated 12 April 2010 from the second respondent to the applicant, in respect of the "Liberty" service station located at 655 Deception Bay Road, Deception Bay in the State of Queensland. 3. The costs of and incidental to the application are reserved.