Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Misleading or deceptive conduct - False claim
to affiliation - Applicant operates hotel called "Pacific International" - Applicant seeks to restrain respondent from describing a recently-opened hotel as a member of the "Rodeway
Pacific International Group of Hotels".
INJUNCTIONS ~ Interlocutory - Relevant principles in passing off
Claim - Balance of Convenience - Effect of delay by applicant in
commencing proceedings after respondent advised of its intention to continue impugned conduct - Whether respondent entitled to
rely on expenditure incurred and goodwill created by it after
being put on notice by applicant.
Trade Practices Act 1974
Epitoma Pty. Ltd. v. Australasian Meat Industry Employees' Union and Others (No.2) (1984) 54 A.L.R. 730.
Office Cleaning Services, Ltd. v. Westminster Window and Geneeral Cleaners, Ltd. (1946) 63 R.P.C. 39.
Park Court Hotel Ltd. v. Trans-World Hotels Limited £19723 R.P.C. 27.
Hornsby Building Information Centre v. Sydney Building Information Centre Ltd. (1979) 140 C.L.R. 216.
Hymac Ltd. v. Priestman Bros. Limited [19781 R.P.C. 495.
PACIFIC HOTELS PTY.LTD. v. ASIAN PACIFIC INTERNATIONAL LIMITED No. G93 of 1986
SPENDER J. BRISBANE
5 SEPTEMBER 1986.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G93 of 1986 ) GENERAL DIVISION )
BETWEEN : PACIFIC HOTELS PTY.LTD.
Applicant AND: ASTAN PACIFIC INTERNATIONAL LIMITED Respondent DATE JUDGMENT DELIVERED: 5 SEPTEMBER 1986. APPEARANCES: Applicant: Mr. Byrne Q.C. and Mr. McMurdo, instructed by Hendeerson Lahey Trout Bernays Respondents: Mr. Morris instructed by Clarke & Kann 11 SEPTEMBER 1986. Peter Applegarth
Associate to Spender J.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G93 of 1986 ) GENERAL DIVISION )
BETWEEN : PACIFIC HOTELS PTY.LID.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate