Federal Court of Australia
SUDGMENT No. sou OL 2d sad
ovotonecceoens, CATCHWORDS
EQUITABLE REMEDIES - interlocutory injunctions - passing off - misleading conduct - overseas supplier of welding consumables - "private label" arrangement - Australian product - different levels of supply - policy of US supplier not to compete with customers - whether distributors or customers could be deceived - delay - balance of convenience - whether damages an
adequate remedy -— interlocutory injunction refused.
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 141
Richardson v Forestry Commission (1988) 164 CLR 261
SELECTRODE INDUSTRIES INC and SELECTRODE IAF PTY LID (ACN 003 023 130) v SELECTRODE PTY LTD (ACN 002 764 892) and JOHN FIELDING
No. G 502 of 1994
Tamberlin J Sydney 21 December 1994
aa
aoe ' f 1 ' 1
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 502 of 1994 GENERAL DIVISION )
CORAM PLACE DATED
BETWEEN : SELECTRODE INDUSTRIES INC First Applicant
and
SELECTRODE IAF PTY LTD (ACN 003 023 130) Second Applicant
AND : SELECTRODE PTY LTD (ACN 002 764 892) First Respondent
and JOHN FIELDING
Second Respondent
TAMBERLIN J SYDNEY 21 DECEMBER 1994
MINUTE: F_ ORDER
THE COURT ORDERS THAT:
1.
2.
the application.
the application be dismissed.
applicants pay the respondents' costs of this
Settlement and entry of orders is dealt with in
accordance with Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G 502 of 1994 GENERAL DIVISION ) BETWEEN : SELECTRODE INDUSTRIES INC
First Applicant and
SELECTRODE IAF PTY LTD (ACN 003 023 130) Second Applicant
AND : SELECTRODE PTY LTD (ACN 002 764 892) First Respondent
and
JOHN FIELDING Second Respondent
CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 21 DECEMBER 1994 REASONS FOR DGMENT Application
This is a motion for an interlocutory injunction to restrain the respondents from selling, distributing or offering for sale any goods for use in regard to welding, having upon the packaging of the goods or upon the goods themselves the word "Selectrode" or any word deceptively similar to the word
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