Federal Court of Australia
JUDGMENT No ABQ an
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 192 of 1987 ) GENERAL DIVISION )
Between: TURBO TEK ENTERPRISES INC. and AUTOPACE PTY. LTD.
(Applicants)
And: SPERLING ENTERPRISES PTY. LTD. and EWAN SPERLING
(Respondents)
Judge Making Order Ryan J. Date of Order: 17 August 1987
Where Made: Melbourne
MINUTE OF ORDER
UPON THE RESPONDENTS by their counsel undertaking until the
hearing and determination of the application herein or
further order not to communicate or disseminate any
representation in the terms or to the effect that:
(i) the United States retail price of the "Turbo-Wash"
spray device is US$9.99, or
(ii) the current retail price in Australia of the
"Turbo-Wash" spray device is A$50.00.
AND UPON THE APPLICANTS by their counsel undertaking to pay to any party adversely affected by the interlocutory orders set forth hereunder such compensation (if any) as the court
thinks just in such manner as the court directs
IT IS ORDERED THAT:
1. The respondents be restrained until the hearing and determination of the application herein or further order, whether by themselves, their servants or agents or howsoever otherwise from advertising, displaying, exposing or otherwise offering for sale, selling or
supplying any spray washer device the same as or substantially identical with Exhibit 1 tendered herein
on 6 August 1987.
2. Unless any of the times set out in this paragraph be
enlarged by mutual consent of the parties:
(1) The applicants on or before 24 August 1987 file and serve a Statement of Claim by 24th August 1987.
(ii) The respondents on or before 31 August 1987,
file and serve a defence and any cross claim.
(i111) The applicants on or before 7 September 1987 file and serve a reply and defence to cross
claim.
Civ) Both parties file and serve affidavits of documents on or before 14 September 1987 and give inspection saving ail just claims to
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