Gollel Holdings Pty Ltd & Anor v Kenneth Maurer Funerals Pty Ltd [1987] FCA 264

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CATCHWORDS

TRADE PRACTICES - Misleading and deceptive conduct - Application for interlocutory injunction - Balance of convenience - Right of person to use own name ~- Whether delay by the plaintiffs disentitles them to

statutory injunction - Other discretionary considerations.

Trade Practices Act 1974 ss. 52, 80

GOLLEL HOLDINGS PTY. LIMITED and ALLEN MATTHEWS PTY. LIMITED v

KENNETH MAURER FUNERALS PTY. LIMITED KENNETH MAURER and BRUCE MAURER

No. G202 of 1987

Einfeld J. 27 May 1987

Sydney

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» IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 202 of 1987

G

D SION )

Between: GOLLEL HOLDINGS PTY.LIMITED AND ALLEN MATTHEWS PTY. LIMITED, both of # # # © #«=5§«§||...—.—.. 5/72 Pitt Street, Sydney

Applicants and KENNETH MAURER FUNERALS PTY.

LIMITED of 263 Miller Street, North Sydney

First Respondent

KENNETH MAURER & BRUCE MAURER

both of 263 Miller Street, North Sydney

Second Respondents

MINUTE OF ORDERS

That pending final determination or until further order the respondents and each of them be restrained from authorising, requesting or ordering the inclusion in the next edition of the Sydney White Pages (Telephone Directory) of the entries in the

Schedule hereto.

That pending final determination or until further order the respondents forthwith request Telecom to delete the said entries from and not to include them in the next edition of the Sydney

White Pages (Telephone Directory).

That pending final determination or until further order the respondents and each of them be restrained from replacing the said entries with entries in the next edition of the Sydney White Pages (Telephone Directory) under the name of Bruce Maurer promoting or advertising or designed to promote or advertise the

funeral direction services of the first respondent.

NOTE:

That the respondents pay the applicants' costs of this