Federal Court of Australia
4,
JUDGMENT No. Slafo1.
CATCHWORDS Trade Practices - use of names - registration of business name - acquisition of shelf company and change of corporate name —- proposed motel development - conduct beyond mere registration - chosen names similar to names used to describe a nearby resort complex (including a casino and an hotel) such names having acquired a considerable reputation - misleading and deceptive
conduct in trade and commerce - injunctions.
Trade Practices Act 1974
Hornsby Building Information Centre Pty Ltdv. Sydney Building Information Centre Ltd (1977-78) 140 C.L.R. 216 Tillmanns Butcheries v. A.M.I.E.U. (1979) 27 A.L.R. 367
Taco Co. of Australia Inc. & Anor v. Taco Bell Pty Ltd & Ors (1982) 42 A.L.R. 177
No. W.A. G54 of 1985
BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN TRUSTEES LIMITED v. BURSWOOD CASINO VIEW MOTEL/HOTEL PTY LTD, FRANCESCO BEMPASCUITO and AUSTRALIAN TELECOMMUNICATIONS COMMISSION
FORSTER, J. PERTH
9 OCTOBER 1987 RECTTD
26.0CT 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPA: REGlerRY
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA
DISTRICT REGISTRY No. WA G54 of 1985
wee evr rvw
GENERAL DIVISION BETWEEN:
BURSWOOD MANAGEMENT LIMITED and WEST AUSTRALIAN TRUSTEES
LIMITED Applicants - and - BURSWOOD CASINO VIEW
MOTEL/HOTEL PTY LTD First Respondent - and -
FRANCESCO BEMPASCUITO
Second Respondent - and -
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Third Respondent
REASONS FOR JUDGMENT
CORAM: Forster J.:
At Burswood Island in Perth there is a complex which consists of a casino which opened on 30 December 1985, an hotel which is expected to be opened very shortly, a sports centre which was expected to be in operation at the end of August 1987 and a convention/cabaret centre which is expected to be completed
in October 1987. There will also be a golf course.
2.
Burswood Property Trust ("the Trust") was established in February 1985 for the purpose of holding the casino licence and developing the Burswood Island Resort Complex. The Trust holds an estate in fee simple in the land at Burswood, the site of the complex, and owns all the assets of the complex. The second applicant West Australian Trustees Limited ("the Trustee") 15 the trustee of the Trust and the first applicant, Burswood Management Limited ("BML") 1s the manager of the Trust, responsible for its day to day operations. Another company, Genting (Western Australia) Pty Ltd ("Genting") 1s responsible for part of the Management of the complex pursuant to the operation management agreement dated 20 February 1985. Genting supervises and directs the management and operation of the complex in accordance with overall plans laid down by BML and the Trustee. It provides some senior staff of the complex and all other staff are employed by BML. The intention is that the aspects of the complex other than the casino will, as they become operational,
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