Tech Treat Pty Ltd v The Tank People Pty Ltd & Anor [1998] FCA 1163

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1043 of 1997

BETWEEN: tech treat pty limited

Applicant

AND: the tank people pty limtied

First Respondent

stephen ewen mcewen

Second Respondent

JUDGE: WHITLAM J

DATE OF ORDER: 21 Septmber 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondents, their servants and agents be restrained from selling a Domestic Wastewater Treatment System by the name of "Super-Treat". 2. The respondents pay the applicant the sum of $38,266. 3. The cross-claim is dismissed. 4. The respondents pay the applicant its costs of the proceeding, including its costs of the cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1043 of 1997

BETWEEN: tech treat pty limited

Applicant

AND: the tank people pty limtied

First Respondent

stephen ewen mcewEn

Second Respondent

JUDGE: WHITLAM J

DATE: 21 september 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT In this proceeding the applicant claims relief for contraventions of ss 52 and 53 of the Trade Practices Act 1974 ("the Act"). It is accepted by the respondents that certain contraventions occurred. The second respondent is a director of the first respondent, and it is accepted that where contraventions occurred he was involved. The respondents do not oppose making permanent the interlocutory injunction which has been granted. However, the claim for damages is contested. Causation and quantum are in issue. The respondents also say that the applicant's claim has been compromised by agreement between the parties and they cross-claim to enforce the alleged agreement.