ACI Australia Ltd v. Glamour Glaze Pty Ltd & Ors [1988] FCA 139

JUDGMENT No.3... LB

CATCHWORDS

TRADE PRACTICES - Alleged contraventions of ss. 52, 53 of the Trade

Practices Act - registration of business name —- persons dealing with business on false bases - whether business name used by purchaser Since acquisition of business - standing to restrain contravention of Div. V of Trade Practices Act — whether public interest considerations

are relevant to grant of injunctive relief for contravention of ss.

52, 53.

PASSING OFF - Alleged tort of passing off goods and services as those

of applicant - agreement for acquisition of business expressly excluded "goodwill" - whether transfer of all relevant rights constituting business to purchaser nevertheless carried goodwill of

business - sufficient use of name and use of business assets

established reputation in name.

Trade Practices Act 1974: s. 52, 53, 80 & 82.

ACI AUSTRALIA LIMITED v. GLAMOUR GLAZE PTY. LTD., ALEX VASILJEVICH,

STEVEN VASILJEVICH (SNR.), STEVEN VASLJEVICH (JNR.) and SYLVIA

VASILJEVICH

VG 249 OF 1987

LOCKHART J.

SYDNEY

22 APRIL 1988

IN THE FEDERAL COURT OF AUSTRALIA)

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN;

)

) No. VG 249 of 1987 ) )

ACI AUSTRALIA LIMITED

AND:

JUDGE MAKING ORDER: DATE ORDER MADE:

WHERE ORDER MADE:

Applicant

GLAMOUR GLAZE PTY. LTD.

First Respondent

ALEX VASILJEVICH

Second Respondent

STEVEN VASILJEVICH (SNR. )

Third Respondent

STEVEN VASILJEVICH (JNR.)

Pourth Respondent

SYLVIA VASILJEVICH

Fifth Respondent

LOCKHART J. 22 APRIL 1988

SYDNEY

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1. The first respondent by itself its servants or agents be

restrained from —

4%

(a)

(b)

(c)

(d)

carrying on business, or representing that it carries on business, under or by reference to the name ""Yencken Sandy Glass Industries" or any name, word or words substantially the same as that name or deceptively similar thereto;