Federal Court of Australia
1.
Allo CATCHHORDS Trade practices - misleading and deceptive conduct. - representation that corporation has sponsorship or
affiliation it does not have - analysis of complex evidence - damages - whether on findings of primary Judge he was bound to make an award of damages no matter that the exergcise was
speculative
Trade Practices Act 1974, ss. 52 and 53(d).
Copyright - artistic work commissioned by second appellant in New Zealand - author resident in New Zealand - whether second
appellant owner of work - whether second appellant a
competent applicant to sue for infringement of copyright.
Copyright Act 1968, ss. 10, 32, 35, 115. 119, 184 and 249
Copyright (International Protection) Requlations, req. 4
Copyright Act 1962 (New Zealand), s. 9
ENZED HOLDINGS LIMITED & ORS. v. WYNTHEA PTY LIMITED & ORS. No. W.A.G 33 of 1984
Coram: Sheppard, Morling and Wilcox JJ.
6 December 1984
Svdney
eneoe
tat seein,
1.
IN THE FEDERAL COURT OF AUSTRALIA
) )
WESTERN: AUSTRALIA DISTRICT REGISTRY ) No. W.A.G 33 of 1984 - - ) GENERAL DIVISION )
JUDGES MAKING ORDER
On Appeal from a single Judge of the Federal Court
BETWEEN : ENZED HOLDINGS LIMITED & ORS.
Appellants
WYNTHEA PTY LIMITED & ORS. Respondents
ORDER
Sheppard, Morling and Wilcox JJ.
DATE OF ORDER : 6 December 1984 WHERE MADE : Sydney
THE COURT ORDERS THAT:
lL.
3.
4.
5.
The appeal be dismissed.
The cross-appeal be allowed in part.
The orders made by Lockhart J. on 26 March 1984 be varied by deleting therefrom the order numbered 4.
The cross-appeal be otherwise dismissed.
The appellants pay one-fifth of the respondents' costs
of the appeal and the cross-appeal.
1.
IN THE FEDERAL COURT OF AUSTRALIA
) )
WESTERN AUSTRALIA DISTRICT REGISTRY ) No. W.A.G 33 of 1984 )
GENERAL. DIVISION )
On Appeal from a single Judge of the Federal Court
BETWEEN: ENZED HOLDINGS LIMITED & ORS. Appellants
WYNTHEA PTY LIMITED & ORS.
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