Associated Pool Builders Pty Ltd v Wickham [1989] FCA 187

JUDGMENT No.../8.7.7.89..

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) Q. No. G.351 of 1988 ) )

GENERAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA CONSTITUTED BY A SINGLE JUDGE

BETWEEN:

ASSOCIATED POOL BUILDERS PTY. LTD. & OTHERS

Appellants and

TRACY LEE WICKHAM

Respondent

COURT: NORTHROP, DAVIES & PINCUS JJ

DATE: 11 APRIL 1989

PLACE: BRISBANE

EX-TEMPORE REASONS FOR JUDGMENT A

NORTHROP J.

On 23 September 1988, the Court constituted by a single Judge published reasons for judgment in this matter and gave what could be described as minutes of order which

read as follows:-

"The Court orders that:

Ls the applicant has made out breaches of ss.52 and 53(c) of the Trade Practices Act 1974;

2 the matter be adjourned to the Registry to be brought on by any party to the proceedings upon

ten (10) working days' notice;

Sis the costs of and incidental to today's proceedings be reserved."

In the matter, the applicant had sought relief against a number of respondents, but in the events which had happened, the hearing proceeded against three respondents only, namely Associated Pool Builders Pty. Ltd., Geoffrey James Ramsay and Halhapin Pty. Ltd. The claims were based

upon breaches of the Trade Practices Act 1974 and also on

passing off. There was a cross claim brought by Associated Pool Builders Pty. Ltd. based upon breach of contract. The claims and the cross-claim arose out of the use by the respondents of the name Tracey Wickham in relation to swimming pools to be erected in association with houses or other buildings. The reasons for judgment set out at some length the findings of the trial Judge, but it appears to have been agreed between the parties that the question of liability of the respondents would be determined as a preliminary issue and that after those issues had been determined, the matter would come back before the trial Judge