Federal Court of Australia
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rds 1
Limited Distribution
CATCHWORDS
TRADE PRACTICES — misleading or deceptive conduct - respondents establishing same business of applicants in an area where applicants have no reputation or goodwill - applicants' business name unregistered - strong evidence of infringement by
respondents of applicants' copyright. -
INJUNCTIONS - interlocutory — whether prospects of final success a relevant factor in balance of convenience where in a commercial sense the interlocutory application will determine the issue
finally.
INJUNCTIONS — interlocutory — mandatory - high degree of
assurance required.
Business Names Act 1962-1979 (Qld.) Trade Practices Act 1974 s.75B
LINDSAY WILLIAM RONALD & ANOR. V. BRETDAY PTY. LIMITED & ORS. QLD NO.G39 of 1987
SPENDER J. BRISBANE,
24 APRIL 1987 —~
29 aR [9g7
FEDERAL cour . AUSTRALIA. CE
PRincip, REGIS pene
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IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON
QLD. G39 of 1987
ee ee
BETWEEN :
LINDSAY WILLIAM RONALD and YVONNE LOWRY
Applicants
BRETDAY PTY. LIMITED, NORMAN EDWARD STOECKEL, JANINE MAREE ROWE, RODNEY NORMAN STOECKEL and MOYA
HOLMES Respondents MINUTE OF ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 24 APRIL 1987 , WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for injunctive relief he refused.
2- The first, second and fifth respondents pay the costs of the application.
NOTE: Settlement and Entry of Orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALTA
QUEENSLAND DISTRICT REGISTRY GENERAL DIVISTON
QLD. G39 of 1987
BETWEEN : LINDSAY WILLIAM RONALD and YVONNE LOWRY.
Applicants
BRETDAY PTY. LIMITED, NORMAN EDWARD STOECKEL, JANINE MAREE ROWE, RODNEY NORMAN STOECKEL and MOYA
HOLMES Respondents: DATE OF HEARING: 16 APRIL 1987 DATE JUDGMENT DELIVERED: 24 APRIL 1987 COUNSEL: for the applicants Mr. J.P... Rivett for the respondents Mr. J.C. Sheahan T. MACDERMOTT ASSOCIATE TO SPENDER J. SPENDER J. BRISBANE
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