Tammett, A. & Anor v Gucci Shops Inc. & Ors [1987] FCA 33

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austahtraN EAB rear TeRRrroRY No. ACT G 86 of 1986

DISTRINI-REGIOTRY

GENERAL DIVISION

BETWEEN : ANTHONY TAMMETT and JUNE MARIA TAMMETT Applicants AND: * GUCCI SHOPS INC.

First Respondent

MARK SPENCER & CO. PTY. LIMITED

Second Respondent

FRANK MARKOVIC

Third Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER

Neaves J.

DATE_ OF ORDER 5 February 1987

WHERE MADE + Canberra

THE COURT ORDERS THAT:

1. The name of the first respondent be amended to Gucci America Inc.

2. The motion for leave to serve the application and statement of claim herein on the first respondent outside the Commonwealth of Australia and in the United States of America is dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. ACT G 86 of 1986 DISTRICT REGISTRY

GENERAL DIVISION '

BETWEEN : ANTHONY TAMMETT and JUNE MARIA TAMMETT Applicants AND: GUCCI SHOPS INC.

First Respondent

MARK SPENCER & CO. PTY. LIMITED

Second Respondent FRANK MARKOVIC

Third Respondent

CORAM: Neaves J. DATE: 5 February 1987

REASONS FOR JUDGMENT

Anthony Tammett and June Maria Tammett ("the applicants") commenced proceedings in this Court by filing an application on 30 December 1986 claiming damages and injunctive relief against Gucci Shops Inc. ("the first respondent"), and damages against Mark Spencer & Co. Pty. Ltd. ("the second respondent") and Frank Markovic ("the third respondent"). The

application was accompanied by a statement of claim.

The applicants have now applied to the Court by motion

for an order amending the name of the first respondent to Gucci

2.

America Inc. and for leave to serve the application and

statement of claim on the first respondent outside the