Federal Court of Australia
CATCHWORODS
TRADE PRACTICES ~ misleading or deceptive conduct - proxy fight - ambiguous statement comparing profits - criticism thereof said to be erroneous - use of how-to-vote form similar to opponents' form - use of livery of company in issue - interlocutory relief sought - whether misleading - relevance of motive.
COPYRIGHT - licence implied by adoption of proxy form - whether joint
ownership proved - whether infringement - relevance of quantum of skill and judgment.
INJUNCTION - interlocutory relief sought, trial unlikely - relief likely to be in substance final ~ relevance to exercise of discretion.
Trade Practices Act, 1974 s.52 Copyright Act, 1968 ss.35, 14(1){a), 10
F.A.I. Insurances Limited v. Advance Bank Australia Limited
NSW G366 of 1986
PINCUS J. BRISBANE 4 September 1986
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G366 of 1986
GENERAL DIVISION )
BETWEEN: F.A.I. INSURANCES LIMITED
Applicant
AND: ADVANCE BANK AUSTRALIA LIMITED
Respondent MINUTES OF ORDER /
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 4 SEPTEMBER 1986 WHERE MADE: SYDNEY THE COURT ORDERS THAT:
l. The application be dismissed.
2. The cross-application be dismissed. NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. G366 of 1986 GENERAL DIVISTON )
BETWEEN: F.A.I. INSURANCES LIMITED Applicant AND: ADVANCE BANK AUSTRALIA LIMITED
Respondent
PINCUS J. 4 September 1986
EX _TEMPORE REASONS FOR JUDGMENT
This is an application for interlocutory orders restraining representations to shareholders of the respondent, with a cross-application of a similar kind. The latter adds a claim for alleqed breach of copyright. I shall call the applicant F.A.I. and the respondent, the bank. In what follows I set out the facts and contentions relating to the application and cross-application in more detail but it is, I think, convenient at
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