Australian Lumber Company Pty Ltd v Borello, P. [1987] FCA 289

a NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WA G 46 of 1987 ) GENERAL DIVISION )

BETWEEN : AUSTRALIAN LUMBER CO. PTY. LID. trading as W.A. Salvage Applicant AND: PETER BORELLO Respondent MINUTE OF ORDER JUDGE MAKING ORDER : Neaves Jd. DATE OF ORDER : 3 July 1987 WHERE MADE : Canberra THE COURT ORDERS THAT: 1. The motion for interlocutory relief be dismissed. 2. The applicant pay the respondent's costs of the

motion.

Note: Settlement and entry of orders is dealt with in Order26 >. of the Federal Court Rules. S

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY No. WA G 46 of 1987

ewer rvnr

GENERAL DIVISION

BETWEEN : AUSTRALIAN LUMBER CO. PTY. LTD. trading as W.A. Salvage Applicant AND: PETER BORELLO Respondent

CORAM Neaves J.

DATE: 3 July 1987

REASONS FOR JUDGMENT

Australian Lumber Co. Pty. Ltd. ("the applicant") has applied to the Court by motion for an interlocutory injunction pending the hearing of the substantive application referred to

below restraining Peter Borello ("the respondent") from -

"(a) Causing or procuring the broadcasting or dissemination on television in Perth of advertisements depicting the character 'Luigi Sava Da Money' as shown in Annexure 'A' to the Affidavit of Joseph Boros dated 21 April 1987 or a colourable imitation thereof in breach of the provisions of Sections 52 and 53(d) read with Section 6(3)(a) and (b) of the Trade Practices Act 1974 (Commonwealth) ;

(b) Committing any other acts of misleading or deceptive conduct or acts amounting to 'passing off' whereby the public or members of the public are induced or led to believe that there 1s any connection between the business of the Applicant conducted at its various branches in

2.

Perth and that of the Respondent conducted by the Respondent under the name of 'Buccaneer Pools and Patios' at Belmont by reason of the use by the Respondent of the character 'Luigi Sava Da Money' or a colourable imitation thereof in television advertisements;