Puxu Pty Ltd v Parkdale Custom Built Furniture Pty Ltd [1980] FCA 105

CATCHWORDS

Trade Practices - consumer protection - injunction to restrain defendant from marketing products so as to mislead or deceive members of the public into belicving that they are the products of the plaintiff.

PUXU PTY. LIMITED v. PARKDALE CUSTOM BUILT FURNITURE PTY. LIMITED.

No. VG 51 of 1979

C.A. SWEENEY, ST JOHN AND LOCKHART JJ AT MELBOURNE MONDAY 23 JUNE 1980.

IN THE FEDERAL COURT OF AUSTRALIA No. VG. 51 of 1979

VICTORIAN DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN PUXU PTY. LIMITED Appellant AND PARKDALE CUSTOM BUILT FURNITURE PTY. LIMITED Respondent ORDER JUDGES MAKING ORDER C.A SWEENEY, ST JOHN AND LOCKHART JJ

DATE OF ORDER

WHERE MADE

23 June 1980

MEI.BOURNE.

THE COURT ORDERS THAT

1. The appeal be allowed, 2. that the order of the court made on 28 November 1979

be set aside, save and except paragraph 2 thereof,

which dissolved the injunctions granted by the court on 18 October 1978, 3. that in lieu thereof, the respondent by itself its

servants and agents be restrained from engaging in

trade or commerce in conduct that 1s misleading or

deceptive or that is likely to mislead or deceive

by selling,

offering for sale, dealing with,

displaying or advertising any lounge suites, lounges

or lounge chairs so as to mislead or deceive members of the public into believing that they are lounge

suites, lounges or lounge chairs manufactured by the

appellant,

./2

that the respondent pay the appellant's costs of the appeal and of the proceedings below, including the application for interlocutory relief before Smithers J., and all reserved costs,

that the case be referred back to a single judge of the court to hear and determine the remaining

issues, including any question of damages,

that liberty to apply be reserved to either party.

. IN THE FEDERAL COURT OF AUSTRALIA No. VG. 51 of 1979 GENERAL DIVISION