Findlay, W. & Ors v Cartona Pty Ltd (trading as Kinselas) & Ors [1987] FCA 558

* JUDGMENT No. 552.7271

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

CORAM: FOX J.

DATE: 19 OCTOBER 1987

) ¥ ) No. G491 of 1987 ) )

BETWEEN : WAYNE FINDLAY

First Applicant NAOMI EYERS

Second Applicant LISA SHIPLEY

Third Applicant AND:

CARTONA PTY. LIMITED trading as KINSELAS

First Respondent

E. A. BILSON PTY. LIMITED trading as KINSELAS

Second Respondent ANTHONY CRANES

Third Respondent GRAHAM BLUNDELL

Fourth Respondent SHERYL BLACK

Fifth Respondent KAREN JOHNS

Sixth Respondent

REASONS FOR JUDGMENT

EX TEMPORE

FOX J.

I said I would deliver reasons this morning and this [I

now do.

The applicants in this case relv upon s.52 of the Trade Practices Act 1974 and on passing off itn order to obtain injunctive and other relief. At this interlocutorv staqe. no

reliance is placed on passing off.

The matter came before me in private chambers for ex parte injunctions but in the course of that application, and before I had proceeded far, senior counsel for the respondents arrived. This was, I think. the result of a suggestion of my own which sometimes produces beneficial results - namely. for an applicant to let the other side know when and where they are

seekina the ex parte relief.

It was thought desirable after a short while to adjourn the matter into court, although for a while it still partook of the nature of anex parte application. The matter having proceeded some distance and it appearing that there would be no disadvantage in the meantime, I adjourned the proceedings at the end of the day until the following morning, namely Friday 16 October 1987. I was then told that two of the respondents were due to appear in the Ray Martin Midday Show on television and that they may be asked questions about their part in the group which has come to be known as "The Fabulous Singlettes". Use of