Westland Laboratories Pty Ltd v Discount Garden & Homecentres Pty Ltd [1986] FCA 600

ie

L00 General Distribution not required

IN THE FEDERAL COURT OF AUSTRALIA

TASMANTA DISTRICT REGISTRY No. TG ~ of 13de

we ewer

GENERAL GiVIStToN

BETWEEN

WESTLAND LABORATORILS

Id

Applicant AN Of

DISCOUNT GARDEN AND HOMECENTFEN PTY. LTB. Erading as HARRY & CARDEN CENTRE

Respondent

16 DECEMBER, L986 KEELY J.

PEASONS FOR JUDGMENT ON NOTICE OF MOTIUN FILED 4+ DECEMBER 1985

On 24 October 1°86 Everett J. made an order (the order) that "the Respondent by its servants or agents or otnerwise be restrained and an injunction is hereby areantea restraining the Respondent, its servants and agents from promoting, marketing or selling any living plant includinea davisions spores and sporelings and tissue cultures unaer the namé or Crade marl "Kimberley QGueen" unless such plants divi3ilon spore and sporeling of tissue culture be accompanied by a ticket in the form annexed hereto". It was said frum the Bar table that tnat oardér was made pv consent but the order, as entered on / November 1°86, doss not record thar it

was made by consent.

ee ee mm aS em ee a a i

ee Se eT eR eS EE eae ee eC kee MEO

Data itd Antal

The applicant has filea ana served a notice or motion which alleges that the respondent has committed a contempt of the order. The statement of charge, as amended at the hearing without objection, alleges that the respondent at Hobart on or about 25 November 1986 "was in contempt of an order made by this Honourable Court on the 24th October 1580 in that by erecting a sian at 1ts Garden Centre it did sromote the plant 'Nephrolepis Obliterata under the name cr trademark ot 'Kimberley Queen'." The respondent company has asazisted in expediting the determination of the applicant company's motion; it has waived its right to personal service of the notice of motion, the statement of the charge and the

supporting arfidavit.