Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tritech Technology Pty Ltd v Gordon [2000] FCA 75 PRACTICE AND PROCEDURE – injunctions – mandatory injunction – false and misleading conduct – court's discretion to grant a mandatory interlocutory injunction to correct misleading statement TRADE PRACTICES – Trade Practices Act 1974 (Cth) s 5(1), (3), (4), and (5) – claim for declaration and injunction – whether claim under s 82 or s 87 of the Trade Practices Act 1974 (Cth)
Trade Practices Act 1974 (Cth) ss 5, 52, 82 and 87 Casborne v Scarfe (1737)1 Atk 603 referred to Couzens v Negri [1981] VR 824 referred to Emanuele v Australian Securities Commission (1997) 188 CLR 114 discussed Films Rover International Ltd v Cannon Film Sales Ltd [1986] 3 All ER 772 referred to G & C Kreglinger v New Patagonia Meat and Cold Storage Co, Ltd [1914] AC 25 cited Hesperides Hotels Ltd v Muftizade [1979] AC 508 referred to Penn v Lord Baltimore [1750] 1 Ves Sen 444 referred to Potter v The Broken Hill Pty Co Ltd (1906) 3 CLR 479 followed Reeve v Lisle [1902] AC 461 referred to Yamaji v Westpac Banking Corporation (1993) 42 FCR 436 referred to TRITECH TECHNOLOGY PTY LTD and HOLONOMIC INTERNATIONAL TECHNOLOGY INC v ADRIAN GORDON and APRICON PTY LTD V 18 of 2000 JUDGE: FINKELSTEIN J DATE: 8 FEBRUARY 2000 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 18 of 2000
BETWEEN: TRITECH TECHNOLOGY PTY LTD and
HOLONOMIC INTERNATIONAL TECHNOLOGY INC
Applicants
AND: ADRIAN GORDON and APRICON PTY LTD
Respondents
JUDGE: FINKELSTEIN J
DATE OF ORDER: 8 FEBRUARY 2000
WHERE MADE: MELBOURNE
UPON the first and second applicants by their counsel undertaking: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation to be assessed by the court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and (b) to pay compensation referred to in (a) to the person referred to.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate