Poolrite Equipment Pty Ltd v. Halhapin Pty Ltd [1985] FCA 503

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(NOTE: This judgment relates to its own facts and is not of sufficient general interest to justify circulation)

IN THE FEDERAL COURT OF AUSTRALTA )

QUEENSLAND DISTRICT REGISTRY ) QLD G94 of 1985 GENERAL DIVISTON ) BETWEEN :

POOLRITE EQUIPMENT PTY LTD

Applicant AND:

HALHAPIN PTY LTD (TRADING UNDER THE REGISTERED BUSINESS NAME POOL FILTRATION AND EQUIPMENT)

Respondent DATE QF HEARING: 20 September 1985 DATE JUDGMENT DELIVERED: 20 September 1985 COUNSEL: for the applicant Mr P. Morrison instructed by Thynne and Macartney - for the respondent Mr D.R. Boughan instructed by

Hicks and Bennett

D.T. O'BRIEN ASSOCIATE TO PINCUS J.

20 September 1985

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Socadhalih ee tate enamndeiiaaeeennna cacendceceniael eeanmanieneeceaete)

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G94 of 1985 GENERAL DIVISTON ) BETWEEN :

POOLRITE EQUIPMENT PLY LTD Applicant

HALHAPIN PTY LTD (TRADING UNDER THE REGISTERED

BUSINESS NAME POOL FILTRATION AND EQUIPMENT)

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER:

WHERE MADE:

20 SEPTEMBER 1985

BRISBANE

THE COURT ORDERS THAT:

l.

Until further order the respondent be restrained from using or displaying a banner prominently shown in the lower two photographs in Exhibit C to the affidavit of Peter Alan Rabbidge filed herein while such banner continues to display the "Poolrite" and "Pearl" logos depicted thereon.