Federal Court of Australia
CATCHWORDS
COPYRIGHT - infringement of applicant's copyright in plan of Melbourne - plan used as pre-costing guide for courier service - whether reproduction of substantial part of applicant's plan -
whether directors liable for company's breach of copyright.
TRADE PRACTICES - misleading or deceptive conduct - false
statements that respondent responsible for creation of applicant's
plan - whether directors involved in conduct under s.75B Trade
Practices Act 1974.
Copyright Act 1968 ss.10,13,14,31,36 Federal Court of Australia Act 1976 s.32
Trade Practices Act 1974 ss.52,75B,80,82
G.M. (NORTH MELBOURNE) HOLDINGS PTY LTD v
YOUNG KELLY PTY LT, NOEL WILLIAM YOUNG and ALLAN KELLY
No. VG 240 of 1985
Woodward J. Melbourne 27 May 1986
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 240 of 1985
GENERAL DIVISION
BETWEEN :
G.M. (NORTH MELBOURNE) HOLDINGS PTY LTD Applicant
and
YOUNG KELLY PTY LTD, NOEL WILLIAM YOUNG and ALLAN KELLY Respondents
MINUTES OF ORDER
COURT : Woodward J. DATE: 27 May 1986 PLACE: Melbourne
THE COURT ORDERS THAT:
1. The applicant and the respondent Allan Kelly have leave to file and serve short minutes of orders sought in
accordance with these reasons for judgment. 2. The matter be adjourned to a directions hearing on a
date to be fixed.
(NOTE: Settlement and entry of orders is dealt with by 0.36 of
the Federal Court Rules.)
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 240 of 1985 ) )
GENERAL DIVISION
BETWEEN :
G.M. (NORTH MELBOURNE) HOLDINGS PTY LTD Applicant
and
YOUNG KELLY PTY LTD, NOBEL WILLIAM YOUNG and ALLAN KELLY Respondents
COURT: Woodward J. DATE: 27 May 1986 PLACE: Melbourne
REASONS FOR JUDGMENT
This is acclaim by a company, which runs a courier service, against a former employee, his business associate, and the company of which they are now both directors and which competes directly with the applicant. The claim relates to a plan or map of Melbourne designed by the applicant, and used by it, its
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