In Associated International Group of Nurseries Inc v Nutrafruit Pty Ltd [2024] QSC 234, the Supreme Court of Queensland assessed a dispute regarding a contract termination between the parties. Associated International Group of Nurseries Inc (AIGN) was at odds with Nutrafruit Pty Ltd (NF) over a contract appointing AIGN as NF’s exclusive agent for the global marketing of the Queen Garnet plum. NF alleged that AIGN breached the contract, leading to its termination and NF pursuing global marketing efforts independently. AIGN sought a declaration that the termination was invalid and an injunction to prevent NF from infringing on its agency rights. The court found in NF's favour, dismissing AIGN's application for the injunction due to a lack of credibility in AIGN's claims, delay in filing the application, and NF's demonstrated proactive efforts in marketing the Queen Garnet plum. Costs were awarded to NF, with the court open to hearing further submissions if AIGN sought to refine NF’s commitments.
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