Federal Court of Australia
AAI.
TRADE PRACTICES - applicant agreed to promote and endorse respondent's products - respondent registered business name which includes applicant's name - promotion agreement terminated -
whether continued use of business name contravenes $5.52, 53(c), 53({d) of Trade Practices Act 1974.
INJUNCTION - interlocutory ~- principles applicable where applicant has strong prima facie case - adequacy of damages for
infringement of goodwill and foregone royalties - delay in commencing proceedings.
Trade Practices Act 1974
American Cyanamid Co. v. Ethicon Ltd. £19752 A.C. 396
Epitoma Pty. Ltd. v. Australasian Meat Industry Employees' Union (No.2) (1984) 54 A.L.R. 730 at 734. Fellowes and Son v. Fisher £1976] 9.B. 122.
TRACEY LEE WICKHAM v. ASSOCIATED POOL BUILDERS PTY.LTD, & ORS. G129 OF 1986.
SPENDER J. BRISBANE 12 SEPTEMBER, 1986.
RECEIVED \ » SNOV 984
FEDERAL co AUSTRALAT oF
PRINCI . REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
i BETWEEN :
TRACEY LEE WICKHAM
) ) ) QLD. G129 of 1986 ) )
Applicant
ASSOCIATED POOL BUILDERS PTY. LTD.
GEOFFREY JAMES RAMSEY
AND: SOHKMET PTY. LTD.
First Respondent
Second Respondent
Third Respondent
WESTSIDE ENTERPRISES & MANAGEMENT:
SERVICES PTY. LTD.
HALHAPIN PTY. LTD.
AND:
Fourth Respondent
Fifth Respondent
DIRECTORIES (AUSTRALIA) PTY. LTD.
AND:
Sixth Respondent
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
DATE JUDGMENT DELIVERED:
COUNSEL: - for the applicant
- for the first, second
and fifth respondent
- . for the seventh respondent
Seventh Respondent 12 SEPTEMBER 1986.
Mr. L. Stephens instructed by L.S.d. Dyne
Mr. A. Robb instructed by Hicks & Bennett
Miss C. Cameron of Australian Government Solicitor
P. APPLEGARTH ASSOCIATE TO SPENDER J.
yn
oe erp empne
wee oo er ee er ree
proteome oe
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QLD. G129 of 1986 GENERAL DIVISTON
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