Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CGM Investments Pty Ltd v Chelliah (No 2) [2003] FCA 305 INJUNCTION – quia timet – when granted Trade Practices Act 1974 (Cth) ss 52, 53 Fair Trading Act 1999 (Vic) Crowder v Tinkler (1816) 19 VesJun 618; 34 ER 645 cited Fletcher v Bealey (1885) 28 Ch D 688 doubted Frearson v Loe (1878) 9 Ch D 48 referred to Litchfield-Speer v Queen Anne's Gate Syndicate (No 2) Limited [1919] 1 Ch 407 applied Newson v Pender (1884) 27 Ch D 43 cited
CGM INVESTMENTS PTY LIMITED, A WHISTLE & CO (1979) PTY LIMITED and A WHISTLE & CO PTY LIMITED v CHARLES CHELLIAH, MULSANNE HOLDINGS PTY LTD, WALLERA PTY LTD, NARENDRA JAIN and
NANDINI PATEL V 378 of 2002 JUDGE: FINKELSTEIN J DATE: 8 APRIL 2003 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 378 of 2002
BETWEEN: CGM INVESTMENTS PTY LIMITED,
A WHISTLE & CO (1979) PTY LIMITED and
A WHISTLE & CO PTY LIMITED
Applicants
AND: CHARLES CHELLIAH,
MULSANNE HOLDINGS PTY LTD,
WALLERA PTY LTD,
NARENDRA JAIN and
NANDINI PATEL
Respondents
JUDGE: FINKELSTEIN J
DATE OF ORDER: 8 APRIL 2003
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT:
Wallera Pty Ltd had no right, title or interest in either the exothermic chemical process for cleaning carpets or the name "Electrodry" in metropolitan Melbourne which it could sell or assign to Mulsanne Holdings Pty Ltd.
THE COURT ORDERS THAT:
1. The first and second respondents' cross-claim against the applicants be dismissed.
2. The parties file and exchange written submissions on costs by 4.15pm on 15 April 2003.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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