Federal Court of Australia
* 176
CATCHWORDS
TRADE PRACTICES - Application for interlocutory order to compel change of corporate name ~- Adoption and retention by respondent
of name suggesting relationship with another company - Respondent not trading - Whether mere retention by company of its name constitutes misleading conduct in trade or commerce - Whether negotiations for sale of right to name constitute trade or commerce - Power of Court to make appropriate order when it appears that respondent "is proposing to engage" in misleading conduct - Effect of failure by respondent to give undertaking not
to engage in trade or commerce under its present name.
Trade Practices Act 1974 ss.52, 80
Chase Manhatten Overseas Corporation v Chase Corporation Limited (1985) 63 ALR 345, Hutchence v South Seas Bubble Company Pt Limited C1986] ATPR 40-667, Fletcher Challenge Limited v Fletcher
Challenge Pty Limited £19813 1 NSWLR 196, Re Ku-ring-gai Co-operative Building Society Limited (No.12) Limited (1978) 36
FLR 134 referred to.
NSW G.113 of 1986 AEROSPATIALE SOCIETE NATIONALE INDUSTRIELLE v_ AER€ HELICOPTERS PTY LIMITED & ORS
Wilcox J Sydney 9 May 1986
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G.113 of 1986
GENERAL DIVISION
BETWEEN: AEROSPATIALE SOCTETE NATIONALE INDUSTRIELLE
Applicant
AND: AEROSPATTALE, HELICOPTERS PITY LIMITED
First Respondent PETER HOOKWAY Second Respondent
TREVOR HOOKWAY
Third Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 9 MAY 1986
MINUTES OF ORDER
Upon the applicant by its counsel giving the usual undertaking as to damages and upon the applicant by its counsel
undertaking to the Court that:
(1) In the event that it is ultimately unsucces ;ful in the present proceedings, it will pay all
expenses incurred by the respondents or any of them in comnection with the change of the name
hereinafter ordered to be effected; and
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