Federal Court of Australia
CATPCHWORDS TRADE PRACTICES - Consumer protection - misleading ard deceptive conduct - misrepresentations - evidence of
consumer confusion - whethec loss suffered by applicants - if sc, whether attributable to conduct of respondents - injunction - damages - basis for assessment of damages.
COPYRIGHT? - author of work is a resident of New Zealand - ownership of copyright in that work under N.Z. law rests in second applicant, the commissioner of the work - whether second applicant may sue in Australia for infringement ~ injunction - damages - exemplary damages and additional damages sought.
PRACTICE & PROCEDURE - application for judgment on admission in
the pleadings - application to strike out - general principles.
TRADE PRACTICES ACT 1974 - s.52, paras. 53(d), 80(1)(f) &
80(1)¢h) COPYRIGHT ACT 1968 - S. 115, PARA. 184({(1)ta), 8.249. COPYRIGHT ACT 1962 (N.@.} - 58.9
COPFRIGHT (INTERNATIONAL PROTECTION) RECULATIONS - sub-reg. 4(1).
WAG 39 of 983
Coram: Lockhart J. 26 March 1984
Sydney
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IN THE FEDERAL COURT OF AUSTRLIA
WESTERN AUSTRALIA DISTRICT REGISTRY
NO. WAG 39 OF 1983
GENERAL DIVISION
Corag: Place:
Date :
BETWEEN ENZED HOLDINGS LIMITED First Applicant
and ENZED PRECISION PRODUCTS LIMITED Second Applicant and - ENZED PRECISION PRODUCTS (AUST) PTY. LIMITED Third Applicant .
and ENZED FRANCHISES (AUST) PTY. LIMITED Fourth Applicant .
and
COMPRESSED AIR & PACKING SYSTEMS
PLY. LTD. and CONTENDER PTY. LIMITED Fifth Applicants
AND WYNTHEA PTY. LIMITED First Respondent
and WARREN RICHARD COOPER and
ALEXANDER GREGORY SMITH Second Respondents
Lockhart J. Sydney 26 March 19U¢
QRDERS
THE COURT ORDERS THAT: -~
1.
The first respondent by itself its servants and agents
be restrained from engaging in conduct in trade or commerce that
is misleading or deceptive or is likely to mislead or deceive by
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