Federal Court of Australia
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JUDGMENT No. 36.788...
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G887 of 1988
GENERAL DIVISION
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BETWEEN: FOBACO PTY. LTD. Applicant AND: AUSAE CONFERENCE
SERVICES PTY. LTD. First Respondent
VICTOR GABAY Second Respondent
CORRIGENDUM
Amendment to the Reasons for Judgment of Gummow J. delivered
26 May 1988 ~
Page 13, line 7 - delete "respondents'"
Kw ling
Patricia Lane Associate to Gummow J.
22 July 1988
NOT FOR DISTRIBUTION
JUDGMENT No, 36! 7. 33
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G887 of 1988
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GENERAL DIVISION
BETWEEN: FOBACO PTY. LTD. Applicant AND: AUSAE CONFERENCE
SERVICES PTY. LTD. First Respondent
VICTOR GABAY Second Respo
CORAM: GUMMOW J. PLACE: SYDNEY DATE: 26 MAY 1988.
PRINCIPAL AEGISTAY
EX TEMPORE REASONS FOR JUDGMENT
HIS HONOUR: The applicants claim interlocutory injunctive relief on the footing first, of copyright infringement,
secondly, of contravention of s. 52 of the Trade Practices Act
1974 ("the TP Act") and thirdly, of passing-off. The tendency in argument has been to consider together the second and third grounds though there are, of course, special considerations attending the public interest element in Part V of the TP Act
including the injunctive remedy under s. 80.
The proceedings were commenced by an application filed on 29 April 1988. On the return of that application on 19 May, there was apparently some discussion of a proposal by the
respondents for a timetable which, 1£ agreed and adhered to,
would have got the matter ready early in July for a final
hearing.
Those discussions did not bear fruit and_ the consequences were that the application for the interlocutory injunctive relief mentioned above was heard yesterday and today. The applicant appears to have taken the view that it would have been too late in the day for a final hearing to have
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