Yau's Entertainment Pty Limited v Asia Television Limited [2002] FCAFC 78; [2002] FCA 338

Yau's Entertainment Pty Limited v Asia Television Limited [2002] FCAFC 78 Yau's Entertainment Pty Limited v Asia Television Limited [2002] FCA 338

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA Yau's Entertainment Pty Limited v Asia Television Limited [2002] FCA 338

CONTRACT – licence agreement – agreement contained in a letter – implication of terms in a written agreement which is incomplete on its face – whether terms sought to be implied were necessary for the reasonable or effective operation of the letter agreement – whether agreement was validly terminated TRADE MARKS – application to remove trade mark for non-use – whether registered owner used the trade mark in relation to its goods – whether there was authorised use of the trade mark in relation to goods under the control of the registered owner Trade Practices Act 1974 (Cth) s 52, 53 Copyright Act 1968 (Cth) s 7(1), 7(3), 8(1), 92(4)(b) Trade Marks Act 1995 (Cth) s 115(2), 115(4) Byrne v Australian Airlines Ltd (1995) 185 CLR 410 referred to, applied Codelfa Construction Pty Ltd v State Rail Authority of NSW (1981-1982) 149 CLR 337 referred to Khoury v Government Insurance Office of NSW (1983-1984) 165 CLR 622 referred to BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 applied Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 applied Hawkins v Clayton (1987-1988) 164 CLR 539 applied Moneywood Pty Ltd v Salamon Nominees Pty Ltd (2001) 177 ALR 390 referred to Breen v Williams (1995-1996) 186 CLR 71 applied Harrods Limited v Harrods (Buenos Aires) Limited [1997] FSR 420 considered Society of Lloyd's v Clementson [1995] Lloyd's Reinsurance Law Reports 307 considered Roxborough v Rothmans of Pall Mall Australia Ltd [2001] HCA 68 applied Secured Income Real Estate (Australia) Ltd v St Martins Investments Proprietary Ltd (1979) 144 CLR 596 applied Luxor (Eastbourne) Ltd v Cooper [1941] AC 108 considered Klahn v Audeh [2001] WASCA 336 applied Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Limited (1999-2000) 169 ALR 616 referred to Pioneer Kabushiki Kaishi v Registrar of Trade Marks (1977) 137 CLR 670 applied Halsbury's Laws of Australia Vol 6 [110-2145]