Federal Court of Australia
AOS IN THE FEDERAL COURT
OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
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NOT FOR GENERAL DISTRIBUTION
No. WAG60 of 1987
UPRISING DRAGON LTD First Applicant
and
GLASS INVESTMENTS B.V. Second Applicant
and
BENEDICT TRADING AND SHIPPING PTY LTD
Fixst Respondent and FINSTON LTD Second Respondent and MICHAEL JACK KAILIS Third Respondent and
BENEDICT TRADING AND SHIPPING PTY LTD
CROSS CLAIMANT and CRYSTAL GLASS INDUSTRIES LTD First Cross Respondent and CRYSTAL GLASS INTERNATIONAL PTY LTD
Second Cross Respondent
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and UPRISING DRAGON LIMITED Third Cross Respondent and GLASS INVESTMENTS BV Fourth Cross Respondent CORAM: FRENCH J.
30 June 1987
EX TEMPORE REASONS FOR JUDGMENT
This is the second motion for interlocutory injunctive relief un these proceedings. On 26 June, I gave judgment on a like motion brought by the applicants against the first and third respondents. In that judgment I set out the background to the proceedings by reference to the pleadings and affidavits then
filed.
That evidence 1s also relied upon in this motion which is brought by the first respondent, Benedict Trading and Shipping
Pty Ltd ("Benedict").
This motion is brought by Benedict in its capacity as a cross claimant. It filed in this court on 26 June 1987 a cross claim in which 1t named, as cross respondents, two companies: Crystal Glass Industries Limited - the first cross respondent ("Crystal Glass") and Crystal Glass International Pty Ltd, the second cross respondent ("Crystal International"). The first and second applicants (UDL and Glass Investments) were named as third
and fourth cross respondents respectively.
3.
In its cross claim Benedict alleges that 1st is the holder of an exclusive Licence granted to 1t by Finston Ltd, the second respondent, to manufacture, process, package and otherwise use the products the subject of the patent and trade mark in Australia relating to what is commonly known as "Qualage"
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