Hella-Australia Pty Ltd v. Plentium Pty Ltd [1988] FCA 68

NOT FOR DISTRIBUTION

SUDGMENT No. ©3 7 S38.

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) V. No. G 58 of 1587 ) )

GENERAL DIVISION

HELLA-AUSTRALIA PTY. LTD. Applicant and PLENTIUM PTY. LTD. Respondent

COURT: NORTHROP J. DATE : 3 MARCH 1388

PLACE: MELBOURNE

MINUTE OF ORDER

THE COURT ORDERS THAT the application be dismissed with costs.

(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) V. No. G 58 of 1987 ) )

GENERAL DIVISION

BETWEEN:

HELLA-AUSTRALIA PTY, LTD. Applicant and PLENTIUM PTY. LTD. Respondent

COURT: NORTHROF J.

DATE : 3 MARCH 1988 PLACE: MELBOURNE REASONS FOR JUDGMENT By this application, the applicant (""Hella") is

seeking a number of orders including orders under the Trade Practicas Act 1974 ("the Act") preventing the respondent ("Monopol") from advertising for sale or selling or distributing automotive electrical lamps by reference to numbers used by Hella where the standard or performance of Monopol''s goods do not equal the standard or performance of Hella's goods and from representing that the Monopol goods are (i) of the same standard or quality as Hella's goods, (ii) substantially identical with Hella''s goods or (iii)

suitable for the same purpose as Hella's goods.

For very many years, Hella has manufactured and sold a large range of automobile electrical lamps throughout Australia. In the marketing of those goods, by catalogue, advertising and packaging, Hella has adopted a system of numbering by which a2 given number identified a particular type of lamp. This numbering system is so well known and understood within the automobile industry that a lamp can he ordered by reference to a number. Hella sells a large number of automobile lamps and although the orders sought are in a wide form, evidence at the hearing was directed to five only