Simplicity Funerals Ltd v Simplicity Funerals Pty Ltd & Ors [1987] FCA 472

JUDGMENT No.4 CATCHWORDS

Trade Practices Act s.52 - Practice and procedure - Motion for perpetual stay on ground that previously unsuccessful proceedings in Supreme Court were duplicated - Difference between claim under s.52 and claim for passing off or claim under Business Names Act

of New South Wales - Federal law not necessarily to be interpreted by reference to state boundaries - Power of summary

stay to be exercised with caution - Motion refused.

Trade Practices Act 1974, s.52 Business Names Act 1962 (NSW), s.9

SIMPLICITY FUNERALS LIMITED -V- SIMPLICITY FUNERALS PTY LIMITED & ORS.

NSW G.156 of 1987

Burchett J. Sydney 2 September 1987

, "7 SEP 387

FEDE A .n°531 OF y+, ' AUSTRALIA ,

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IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.156 of 1987

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GENERAL DIVISION

BETWEEN:

SIMPLICITY FUNERALS LIMITED

Applicant

AND:

SIMPLICITY FUNERALS PTY LIMITED

First Respondent

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LESLEY FREDERICK DARROCH

Second Respondent AND:

SIMPLICITY FUNERALS PTY LIMITED

Cross-Claimant

SIMPLICITY FUNERALS LIMITED

First Cross-Respondent

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KEITH RUSSELL

Second Cross-Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J.

Where Order Made: Sydney Date of Order: 2 September 1987

THE COURT ORDERS THAT:

(1) The motion be dismissed.

(2) The costs of the motion be the applicant's costs in the action.

NOTE: Settlement and entry of orders is dealt with in Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G.156 of 1987

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GENERAL DIVISION

BETWEEN:

SIMPLICITY FUNERALS LIMITED

Applicant

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SIMPLICITY FUNERALS PTY LIMITED

First Respondent

AND:

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LESLEY FREDERICK DARROCH

Second Respondent

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SIMPLICITY FUNERALS PTY LIMITED

Cross~Claimant AND:

SIMPLICITY FUNERALS LIMITED

First Cross-Respondent

KEITH RUSSELL Second Cross-Respondent