Federal Court of Australia
aw
Trade Practices —- claim by applicants trading as Jindabyné Resort
Centre that respondent trading as Jindabyne Reservation Centre engaging in Misleading or deceptive conduct - whether in circumstances names descriptive of business carried on by parties - effect of some confusion only in minds of public - relevance of
intention of parties - whether any misrepresentation ~ whether
name distinctive of either business carried on by parties.
Trade Practices Act 1974 ss.52, 53 Business Names Act 1962 (N.S.W.)
BRUCE IAN BARRY and REBECCA BARRY v. LAKE JINDABYNE RESERVATION CENTRE PTY. LIMITED
No. NSW G213 of 1984
TOOHEY J. PERTH
21 AUGUST 1985
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. NSW G213 of 1984
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BETWEEN:
BRUCE IAN BARRY and REBECCA BARRY Applicants
and
LAKE JINDABYNE RESERVATION CENTRE PTY. LIMITED
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: Toohey d. DATE OF ORDER: 21 August 1985 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The application is dismissed.
Z. The applicants pay the respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
ee ee ee
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. NSW G213 of 1984
~ eee we
BETWEEN:
BRUCE IAN BARRY and REBECCA BARRY Applicants
and
LAKE JINDABYNE RESERVATION CENTRE - Pry. LIMITED
Respondent
CORAM: TOOHEY J.
21 August 1985
REASONS FOR JUDGMENT The applicants and the respondent each carry on business
at dJindabyne, a popular ski resort in New South Wales.
The applicants, who are husband and wife, operate under the registered business name of Jindabyne Resort Centre. The respondent is incorporated in the name of Lake Jindabyne Reservation Centre Pty. Limited but, in the course of its activities, it commonly uses the name dJindabyne Reservation Centre. The respondent has sought registration of that name under the Business Names Act 1962 (N.S.W.). Registration has heen refused because of an objection taken by the applicants by reason of their proprietorship of the business name Jindabyne Resort
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