Successful Licence Sale Injunction

By 23 February, 2017Fishing

Recently our client entered into a verbal agreement with another party to buy from them a fishing licence with certain fishing quota and fishing symbols attached to it. After the deal had been agreed to, the other party then attempted to say that there had never been any agreement to sell.

The other party then attempted to sell the licence and quota and symbol to an unrelated third party, without telling our client. When our client found out he asked us to write to the seller to see if the seller would provide a written undertaking not to sell to the third party or to any other party. When the seller refused to provide the undertaking, our client asked us to seek a Court injunction preventing the seller from selling or in any other way dealing with the licence, and if the seller had already sold or otherwise dealt with the licence, to prevent the seller from disposing of or using the proceeds of the sale.

Within 24 hours an urgent Application was made to the Brisbane Supreme Court. The Court gave an injunction to our client which prevented the seller from selling or otherwise dealing with the licence, quota and symbol, as well as an injunction preventing the seller from dealing with any proceeds from the sale or other dealing of the licence.

We immediately notified QFS of the court order, and they then noted their register by putting a “Stop Notice” on the subject licence, the effect of which would be to alert QFS to the fact that they shouldn’t process any transaction relating to the licence.

Court proceedings are continuing, and so it is not appropriate to disclose the name of either our client or the seller.

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