Central Equity Ltd v Central Corporation Pty Ltd [1995] FCA 802

CATCHWORDS TRADE NAMES - passing off - real estate agent deliberately adopting a trading name and logo to suggest an association with a large well known property developer - action dismissed - action not quia timet and no actual damage proved by applicant TRADE PRACTICES - ss 52 and 53A the Trade Practices Act - injunction granted restraining real estate agent's conduct as infringing ss 52 and 53A - proper construction of s 53A considered Trade Practices Act 1974 (Cth) - ss 52, 53, 53A, 79, 80, 82 Cases Considered Australian Woollen Mills Limited v F S Walton and Company Limited (1937) 58 CLR 641 Burberrys v J C Cording & Co Ltd (1909) 26 RPC 693 Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd (1980) 32 ALR 387 Chase Manhattan Overseas Corporation v Chase Corporation Ltd (1986) 12 FCR 375 Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 Halloran v Henry F Halloran & Co Pty Ltd (1985) 7 ATPR 40-501 Parkdale Custom Built Furniture Proprietary Limited v Puxu Proprietary Limited (1982) 149 CLR 191 Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Erven Warnink Besloten Vennootschap v J Townend & Sons (Hull) Ltd [1979] AC 731 World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181 Central Equity Limited v Central Corporation Pty Ltd VG 10 of 1994 Drummond J Brisbane 29 September, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. VG 10 of 1994 VICTORIA DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: CENTRAL EQUITY LIMITED Applicant AND: CENTRAL CORPORATION PTY. LTD. Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 29 September, 1995 WHERE MADE: Melbourne THE COURT ORDERS THAT: 1. The applicant's claim for relief at common law is dismissed. 2. The respondent by its directors, servants and agents is restrained pursuant to ss. 52 and 53A of the Trade Practices Act 1974 (Cth) from using: (a) the name "Central Corporation" or any colourable imitation of that name; and (b) the graphic material consisting of the assemblage of structures depicted in Exhibit C5 or any colourable imitation of that material in the course of its business as a real estate agent in connection with any property located anywhere within the Melbourne metropolitan area. 3. Liberty to apply to vary Order 2 with respect to the geographical area within which the restraint is to operate, provided the parties are agreed on the terms of any such variation. 4. The respondent pay the applicant's costs of and incidental to the action. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.