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Popeye Holdco Pty Limited v Intermediate Capital Asia Pacific 2008 GP Limited [2017] FCA 369

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PRACTICE AND PROCEDURE - application for an interlocutory injunction to restrain the respondents from exercising rights under particular written agreements - whether applicants have established a prima facie case - construction of the agreements - where applicants argue misleading and deceptive conduct under s 18 of the Australian Consumer Law - estoppel - breach of directors' duties under general law and under the Corporations Act 2001 (Cth) - unconscionable conduct within ss 20 and 21 of the Australian Consumer Law - recovery of sum amounting to a penalty - whether balance of convenience favours granting injunction - where property held by applicants is property to which respondents claim an entitlement - whether security for the undertaking as to damages is necessary.

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