Federal Court of Australia
208 78S
CATCHWORDS
Companies — Actions between companies and strangers ~ Security for costs of appeal to Federal Court of Australia - Appellant company a trustee.
Federal Court of Australia Act 1976 ~ s.56 Federal Court Rules — Order 25 Rule 3(1)(b), Order 52 Rule 20
Riot Nominees Pty. Ltd. v. Suzuki Australia Pty. Ltd. (1981) 34 R.L.R. 653 con.
RIV-OLAND MARBLE COMPANY (VIC.) PTY. LTD. v. SETTEF S.p.A.
No. VGi of 1988 No. VG2 of 1988
Jenkinson J. 2 May, 1988 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) No. VG1 of 1988
VICTORIA DISTRICT REGISTRY ) No. VG2 of 1988 GENERAL DIVISION ) ;
ON APPEAL FROM THE SUPREME COURT OF VICTORIA
BETWEEN: RIV-OLAND MARBLE COMPANY Vic.) PTY. LTD. .
Appellant
AND: SETTEF S.p.A. Respondent
CORAM: Jenkinson J. PLACE: Melbourne DATE: 2 May, 1988
REASONS FOR JUDGMENT
Motion for security for the respondent's costs of an
appeal from a judgment of the Supreme Court of Victoria.
The respondent is an Italian corporation and the proprietor of an Australian trade mark in Part A of the Register. The mark is "RIV-OLAND", registered in respect of plastic wall panels, building materials, fittings and accessories and similar items. Its action against the appellant in the Supreme Court was concluded after trial by injunctive orders that the appellant be restrained from infringing the trade mark and that the appellant
"change its name to a name which does not include the name
2.
RIV-OLAND or any other name substantially identical with or deceptively similar to that name". An- order was made for the taking of an account of the profits made by the appellant by selling or applying to buildings or. other structures under that trade mark any wall finishes or other goods. Further consideration was adjourned. The appellant's counterclaim for rectification of the Register by expungement of the entry of the. respondent's trade mark was dismissed. These orders were pronounced on 15 December 1987. Most of the learned trial judge's
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