Alan Jones Pit-Stop Corporation Pty Ltd v McMahon McRae Pty Ltd & Ors [1988] FCA 256

AS6 / 8

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G78 of i988 GENERAL DIVISION ) BETWEEN: ALAN JONES PIT-STOP CORPORATION PTY LTD Applicant AND: McMAHON McRAE PTY LTD First Respondent AND: MARKET POWER PTY LTD Second Respondent AND: MAXWELL JOHN McMAHON Third Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 21 APRIL 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1.

the application for interlocutory relief be dismissed;

the costs of and incidental to the application for interlocutory relief be the respondents' costs in the proceedings.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN U A )

D TRY ) QLD G78 of 1988 VISIO! ) BETWEEN: ALAN JONES PIT-STOP CORPORATION PTY LTD Applicant AND: McMAHON McRAE PTY LTD First Respondent AND: MARKET POWER PTY LTD

Second Respondent

AND: MAXWELL JOHN McMAHON Third Respondent

PINCUS J. 21 APRIL 1988

EX TEMPORE REASONS FOR JUDGMENT

This is an application for an interlocutory injunction

in relation to the use of a business name. The applicant's outline of submissions says, as does the application itself, that relief is sought in relation to misleading and deceptive conduct, passing off and infringement of the applicant's right as registered user of certain trade marks. The argument was, in

substance, confined to the first two aspects of the matter.

On 27 August 1984, the applicant and the first respondent entered into a franchise agreement which contemplated

that the first respondent would carry on a business of selling

tyres and other such products at Cairns, with the assistance of

the applicant as franchisor. That occurred, but a dispute arose, which resulted in other litigation in this Court which was tried in December 1987. The judgment in that case has not yet been