Federal Court of Australia
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in
"JUDGMENT No. ©7! fai.
NEW SOUTH WALES DISTRICT.
IN_THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIvisiow
JUDGE:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
-. } - REGISTRY -) No.. G 379 of 1987 = ) ; . ) - BETWEEN :
AWANET PTY. LIMITED
Applicant ~ AND:
AMALGAMATED WIRELESS (AUSTRALASIA) LIMITED
Respondent
MINUTE OF ORDER
FOX J. 13 NOVEMBER 1987 SYDNEY.
1. The application be dismissed with costs.
Note: Settlement and
entry of orders is dealt with in
Order 36 of the Federal Court Rules.
FEDERAL COURT OF
AUSTRALIA ReCIShAE
» RY
N
- '
' IN THE FEDERAL COURT OF AUSTRALIA
NOT FOR GENERAL DISTRIBUTION
) rae >) oe 7 NEW SOUTH WALES DISTRICT REGISTRY ) - "No, G 379 of 1987- * : [oe yr GENERAL DIVISION yo -
- . BETHEEN : AWANET PTY. LIMITED
Applicant AND:
AMALGAMATED WIRELESS (AUSTRALASTA) LIMITED
Respondent
CORAM: FOX J. DATE: 13 NOVEMBER 1987 REASONS FOR JUDGMENT. EX TEMPORE FOX J.
I think this application should be dismissed. It is an application for security for costs brought by the respondent against an applicant which is a company. In some small measure the parties are trade competitors. The dispute is about the name which both are using. The respondent has a reaqistered trade mark. The applicant has acquired the same name by registration under the Companies Act or Companies Code. I do not doubt that the application was brought bona fide. On the evidence presented
in support of it when made it had a qreater chance of success
than now appears.
ne ne ee eer ee ' . i wae
a
:
The point is that the applicant "company has_ only
recently started trading, its trade being in-relation mostly to
computers and computer parts and, programmes. - The first year of .
business. not unnaturally was not very successful. |The' second
year showed a considerable improvement and the third year holds
even more promise. The currént financial situation is such-that
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