Federal Court of Australia
Ibe
Nor FoR orsmREBUTIN ye evr ys, SOL) FF
CATCHWORDS
PRACTICE AND PROCEDURE - Notice of motion discontinued by applicant -
costs of parties.
INDEPENDENT LOCKSMITHS (NSW) PTY. LIMITED v. A. AARDVARK MASTER LOCKSMITHS PLY. LIMITED and AUSTRALIAN TELECOMMUNICATIONS COMMISSION
G 555 of 1986
LOCKHART J. SYDNEY
8 DECEMBER 1987
28 JUN 1999
FEDERAL OGURT OF AUSTRALIA PRINCH#AL
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 555 of 1986 )
GENERAL DIVISION )
BETWEEN : INDEPENDENT LOCKSMITHS (N.S.W. ) PTY. LIMITED
Applicant
B
A. AARDVARK MASTER LOCKSMITHS PTY. LIMITED
First Respondent
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Second Respondent
ROSS CATTAN
Third Respondent
JUDGE MAKING ORDERS: LOCKHART J. DATE OF ORDER: 8 DECEMBER 1987
WHERE ORDER MADE: SYDNEY
MINUTE OF ORDERS THE COURT ORDERS THAT:
1. Leave be granted to the applicant to discontinue the Notice
of Motion filed on 13 November 1987;
2. The applicant pay the costs of the notice of motion of the
first and third respondents; and
3. There be no order as to the costs of the second respondent.
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 555 of 1986 )
GENERAL DIVISION )
INDEPENDENT LOCKSMITHS (N.S.W. )
BETWEEN PTY. LIMITED
Applicant
AND: A. AARDVARK MASTER LOCKSMITHS PTY. LIMITED
First Respondent
AUSTRALIAN TELECOMMUNICATIONS COMMISSION
Second Respondent
ROSS CATTAN
Third Respondent
8 December 1987
REASONS FOR JUDGMENT
LOCKHART J.
On 4 December 1986 the Court heard a motion for interlocutory injunctive relief by Independent Locksmiths (NSW) Pty. Limited ("Independent Locksmiths") joining as respondents A. Aardvark Master Locksmiths Pty. Limited ("Aardvark") and the Australian Telecommunications Commission ("Telecom"). Independent Locksmiths had sought to restrain Aardvark from engaging in what was alleged to he misleading or deceptive conduct within the meaning of s. 52 of the Trade Practices Act 1974 ("the Act"), and from making certain
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