Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lone Star Steakhouse & Saloon Inc v Zurcas [2000] FCA 29 LONE STAR STEAKHOUSE & SALOON, INC & ORS v MARY ANNE ZURCAS & ANOR N 1486 of 1999 LINDGREN J 21 JANUARY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1486 OF 1999
BETWEEN: LONE STAR STEAKHOUSE & SALOON, INC
First Applicant
LONE STAR STEAKHOUSE & SALOON OF LAS VEGAS, INC
Second Applicant
RIVER HERO PTY LIMITED (ACN 005 835 099)
Third Applicant
LONE STAR STEAKHOUSE & SALOON (VIC) PTY LIMITED (ACN 071 008 609)
Fourth Applicant
AND: MARY ANNE ZURCAS
First Respondent
ZZZ WINE BAR PTY LIMITED (ACN 089 570 007)
Second Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 21 JANUARY 2000
WHERE MADE: SYDNEY
THE COURT: 1. Orders that on condition that the respondents do all things reasonably within their power to facilitate a final hearing at the end of February or early March and on their undertaking to the Court not to promote or advertise their business under the name "Lonestar Saloon", whether through the media, leaflets, posters or otherwise pending the final hearing and determination of this proceeding, the application for interlocutory relief is refused. 2. Directs the respondents to confirm their acceptance of the condition and the giving of the undertaking in order 1 above to the Associate to Lindgren J by 5 pm on Monday 24 January 2000. 3. Notwithstanding order 4 below: (a) Fixes the proceeding for final hearing with an estimated hearing time of 3 days on a date to be advised at about the end of February or early March. (b) Directs the applicants to file and serve their affidavits by 4 February 2000. (c) Directs the respondents to file and serve their affidavits by 18 February 2000. (d) Directs the applicants to file and serve any affidavits in reply by 25 February 2000. 4. Orders, pursuant to s 53A of the Federal Court of Australia Act 1976 (Cth) that the proceeding be, and the same hereby is, referred to mediation by a Registrar on Tuesday 1 February 2000 at 9.30 am. 5. Orders that the costs of the application for interlocutory relief be reserved. 6. Grants each party liberty to apply on 24 hours' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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