Federal Court of Australia
NOT FOR OISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 249 of 1987
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GENERAL DIVISION
BETWEEN : ACI AUSTRALIA LIMITED Applicant and GLAMOUR GLAZE PTY. LTD. and OTHERS Respondents
COURT: NORTHROP J. DATE : 2 OCTOBER 1987 PLACE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT: -
l. The interlocutory orders sought be refused.
2. The respondents' costs be reserved.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
~ ZOCT 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G 249 of 1987 ) GENERAL DIVISION )
BETWEEN : ACI AUSTRALIA LIMITED Applicant and GLAMOUR GLAZE PTY. LTD. and OTHERS Respondents
COURT: NORTHROP J. DATE : 2 OCTOBER 1987 PLACE: MELBOURNE
REASONS FOR JUDGMENT
The applicant is seeking an interlocutory injunction restraining the respondent Glamour Glaze Pty. Ltd. from carrying on business or representing that it carries on business under or by reference to the name "Yencken Sandy Glass Industries" or any name, word or words substantially the same or deceptively similar thereto. Variations of that interlocutory injunction are sought as well as consequential orders all applying to Glamour Glaze Pty. Ltd. and the other respondents who are officers of or connected with Glamour Glaze Pty. Ltd.. It must be remembered that these are interlocutory proceedings with the result that the facts have not been fully investigated and no final view has been formed
on the facts or the law.
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The applicant is the major manufacturer of glass products in Australia. Prior to the year 1985, the four major glass distributors and glazing contractors in Australia were Yencken Sandy Glass Industries, fT. & K. Glass Co., Oliver Davey Glass Co. and O'Brien Glass Industries Ltd.. At the present time the applicant controls the largest share of the glass contracting and distribution market in Australia. In particular, the applicant controls T. & K. Glass Co. and Oliver Davey Glass Co.. It carries on the business of glass
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