Federal Court of Australia
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Trade Practices - misleading or deceptive conduct - interlocutory
injunction to restrain use of telephone number - licence agreement
between the parties terminated - continued usage of telephone number by respondent - alleged representations as to sponsorship, approval or affiliation with applicant - injunctive relief granted.
Trade Practices Act 1974 5.6(3), 3.53(d), 3.80 Cases referred to: Epitoma v. A.M.I.E.U. and Others (1984) 54 ALR 730
Bullock and Others v. Pederated Furnishing Trades Society of Austraiia and Others (1985) 60 ALR 235
BUDGET TRANSPORT INDUSTRIES PTY LTD and BUDGET AIR SERVICES PTY LTD v.GIBOLAND PTY LTD and RODNEY CHARLES JOHNSON
No. WA G12 OF 1986
MUIRHEAD J PERTH 14 March 1986
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
JUDGE MAKING ORDER:
DATE OF ORDER: WHERE MADE :
THE COURT ORDERS : -
1. The applicants giving the usual undertaking in damages should it prove that this order should not have been made order that
as from Tuesday 25th March 1986 the second respondent by
himself, his servants
No. WA Gl2 of 1986
BETWEEN: BUDGET TRANSPORT INDUSTRIES PITY LID
First Applicant
and
BUDGET AIR SERVICES PTY LTD
Second Applicant and
GIBOLAND PTY LTD
First Respondent and
RODNEY CHARLES JOHNSON
Second Respondent
MINUTE OF ORDER
MUIRHEAD J. 14 MARCH 1986 Perth
telephone service number (09) 277-139
and employees be restrained from using
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Liberty to the parties to apply upon 24 hours notice.
The second respondent must pay the applicants' costs of and
incidental to this application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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