Federal Court of Australia
oft
'
CATCHWORDS
TRADE PRACTICES - consumer protection ~- conduct likely to mislead
or deceive - representation as to affiliation - passing off -
purchaser succeeding to business name - vendor continuing in
similar business - confusion but no deception.
Trade Practices Act 1974 ss.52(1) and 53(c) and (d)
GREG COTTON MOTORS PTY. LTD. v NEIL & ROSS NEILSON PTY. LTD.
No.
VG 225 of 1983
Woodward J. Melbourne 6 March 1984
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 225 of 1983 ) )
GENERAL DIVISION
BETWEEN:
GREG COTTON MOTORS PTY. LTD. Applicant and
NEIL & ROSS NEILSON PTY. LTD. Respondent
ORDER
JUDGE MAKING ORDER Woodward J.
DATE OF ORDER 6 March 1984
WHERE MADE Melbourne
THE COURT ORDERS THAT:
The application for interlocutory injunctions be
dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 225 of 1983 ) )
GENERAL DIVISION
BETWEEN : "GREG COTTON MOTORS PTY. LTD. Applicant » and ~ NEIL & ROSS NEILSON PTY. LTD. Respondent
CORAM: Woodward J.
DATE: 6 March 1984
REASONS FOR JUDGMENT
This is an application for interlocutory injunctions restraining the respondent from using certain names in the carrying out of that part of its car sales business concerned with General Motors Holden ('GMH') vehicles. The application was heard in November 1983 and I reserved my decision. I was then informed that certain discussions were going forward which might make it unnecessary for me to deliver judgment. Just before the end of
the legal year I was asked to proceed to judgment and this I now
do.
The statement of claim in this matter alleges in effect
(though not in terms) breaches of ss.52(1) and 53(c) and (da) of
the Trade Practices Act 1974. An allegation of passing-off is
also made. The following interlocutory orders are sought:
"That until further order the Respondent NEIL AND
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