Federal Court of Australia
LIMITED DISTRIBUTION
CATCHWORDS
TRADE PRACTICES - consumer protection - interlocutory relief - whether conduct misleading and deceptive - balance of convenience - effect and
construction of warranty in contracts - whether appropriate relief
sought.
Trade Practices Act 1974 (Cth): ss. 52, 53.
GREGORY DENNIS TONKS v. BIOENGINEERING AUSTRALIA PTY. LIMITED G 515 of 1986
LOCKHART J. 1 DECEMBER 1986 SYDNEY
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
JUDGE MAKING ORDER: DATE OF ORDER: WHERE ORDER MADE:
BETWEEN :
MINUTES OF ORDER
SYDNEY
wee ww
LOCKHART J.
No. G 515 of 1986
GREGORY DENNIS TONKS
THE COURT ORDERS THAT:
1.
NOTE:
Applicant BIOENGINEERING AUSTRALIA
PTY. LIMITED
Respondent
1 DECEMBER 1986
The application for interlocutory injuncitve relief be
dismissed.
The costs of this application be the respondent's costs in
the proceeding.
Settlement and entry of orders
the Federal Court Rules.
is dealt with in Order 36 of
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 515 of 1986
GENERAL DIVISION
wee ww
BETWEEN : GREGORY DENNIS TONKS Applicant AND: BIOENGINEERING AUSTRALIA
Pry. LIMITED
Respondent
1 December 1986
REASONS FOR JUDGMENT LOCKHART J.
This is an application for interlocutory injunctive relief by Gregory Dennis Tonks. The case relates to a system called the Bio Treat system which converts household waste water to clear odourless water that may be automatically distributed round people's gardens. The Bio Treat system is manufactured by the respondent, Bioengineering Australia Pty. Limited, which has an application pending for a trademark, ("Bio Treat"), in respect of the goods constituted by the system but, as yet, no mark has been registered.
No claim under the Trademarks Act 1955 arises in these proceedings.
The applicant conducts the business of supplying, installing
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