Federal Court of Australia
' This is an extempore judgement on an application to stay proceedings. It is of no general interest and should not
be circulated. a aN © TONGS IN THE FEDERAL COURT OF AUSTRALIA '" 13 NOV 1984 =| ) ' 1 NEW SOUTH WALES DISTRICT REGISTRY 1 No. 6.277 of 1984 wi ' * / GENERAL DIVISION ee BETWEEN : GLENWOOD TRADING PTY LIMITED Applicant AND: LEO MAGNANI AND WIFE PTY LIMITED Respondent
REASONS FOR JUDGMENT
CORAM: WILCOX J DATE: 31 AUGUST 1984 PLACE: SYDNEY
This matter was before me in the directions list last Friday. I was informed that the originating process had not
been served upon the respondent. and the matter was adjourned
until today.
The Application, the Statement of Claim and the supporting affidavit of Mr Phillip Lazarus. sworn 11 Auqust
1984, were apparently served on the first respondent last
Monday.
This morning. by consent I have allowed the Amendment of the Application and Statement of Claim to add a further respondent. Associated Italian Manufacturers Pty Limited. Mr Karkar appears on behalf of both respondents and submits that
the Application and Statement of Claim should be staved or
dismissed pursuant £9 rule 2 of arder 20, on the around that the proceedings do not disclose any reasonable cause of action. In support of that submissian he has analvsed the
alleaations made in the Statement of Claim.
The Application relies upon three separate discernible causes of action - paragraphs 1 and 2 relv upon section 52 of the Trade Practices Act: paragraph 5 relies upon section 53: paraaqraph 2 alleges passing off, Paraaraph 4 1s difficult to identifv in terms of cause of action, and Mr
Evatt has told me that 1t will not be pressed.
It i5 common. in the circumstances of this case, to each of those causes of action that there must be an allegation that the aoods. the subiect of the praceedinas. he introduced on to the market in circumstances where thev are represented as being qoods of the applicant, either because thev are so labelled or otherwise identified. or because the
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