Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Panasales Clearance Centre Pty Ltd v J B Hi Fi Brighton Pty Ltd
[1999] FCA 1227
PANASALES CLEARANCE CENTRE PTY LTD (ACN 971 407 004)
v J B HI FI BRIGHTON PTY LTD (ACN 007 379 777) and
J B HI FI CAMBERWELL PTY LTD (ACN 006 787 006)
RYAN J MELBOURNE 31 AUGUST 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 461 OF 1999
BETWEEN: PANASALES CLEARANCE CENTRE PTY LTD (ACN 971 407 004)
Applicant
AND: J B HI FI BRIGHTON PTY LTD (ACN 007 379 777)
First Respondent
J B HI FI CAMBERWELL PTY LTD (ACN 006 787 006)
Second Respondent
JUDGE: RYAN
DATE OF ORDER: 31 AUGUST 1999
WHERE MADE: MELBOURNE
The applicant by its Counsel having given the usual undertaking as to damages THE COURT ORDERS THAT: 1. The respondents and each of them be restrained until the hearing and determination of this application or further order from making representations by their employees agents or otherwise that, or to the effect that: (a) all or most of the applicant's stock comprises "factory seconds", "second-hand" items or items which have been refurbished after being returned by their original purchasers; (b) Panasales Clearance Centre Pty Ltd is not allowed to sell some brands of television sets or has been found liable by a court for making unauthorised sales of certain television sets; (c) the applicant's after-sales service is poor; (d) if it be contrary to the fact, that new goods purchased from Panasales Clearance Centre Pty Ltd are never subject to the manufacturer's warranty or guarantee; (e) all goods sold by the applicant attract the benefit only of a Panasales warranty or guarantee. 2. Counsel submit by 6 September 1999 minutes of the directions which they contend are appropriate to ready this application for trial. 3. The costs of all parties of the motion for interlocutory relief be costs in the cause; 4. Liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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