Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Greenberg v Asia Pacific Beauty Products (Australia) Pty Ltd [2003] FCA 856
INJUNCTIONS – whether balance of convenience favoured granting of injunction on the facts. Trade Practices Act 1974 (Cth) Patents Act 1990 (Cth) RONALD ALLAN GREENBERG & DIAMOND DERMABRASION SR PTY LTD ACN 064 984 630 v ASIA PACIFIC BEAUTY PRODUCTS (AUSTRALIA) PTY LTD ACN 098 679 595, ASIA PACIFIC BEAUTY PRODUCTS AND EQUIPMENT PTY LTD ACN 104 641 278, MULTI-PEEL PTY LTD ACN 102 391 499, CHIT CHAN, RONALD MA & YU CHAN No S 564 of 2003 LANDER J 8 AUGUST 2003 ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 564 OF 2003
BETWEEN: RONALD ALLAN GREENBERG
FIRST APPLICANT
DIAMOND DERMABRASION SR PTY LTD ACN 064 984 630
SECOND APPLICANT
AND: ASIA PACIFIC BEAUTY PRODUCTS (AUSTRALIA) PTY LTD ACN 098 679 595
FIRST RESPONDENT
ASIA PACIFIC BEAUTY PRODUCTS AND EQUIPMENT PTY LTD ACN 104 641 278
SECOND RESPONDENT
MULTI-PEEL PTY LTD ACN 102 391 499
THIRD RESPONDENT
CHIT CHAN
FOURTH RESPONDENT
RONALD MA
FIFTH RESPONDENT
YU CHAN
SIXTH RESPONDENT
JUDGE: LANDER J
DATE OF ORDER: 8 AUGUST 2003
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT: 1. On the applicants, by their counsel, providing an undertaking as to damages, there will be an order pursuant to s 23 of the Federal Court of Australia Act 1976 and s 122 of the Patents Act 1990, that until further order or until 5 September 2003 at 9 am, each of the first, second, fourth and fifth respondents be restrained, whether directly or indirectly, by their servants, agents, or by any means whatsoever, from supplying, further supplying or offering to supply any machine or apparatus of the kind inspected by Drazen Lesicar, on 25 July 2003 at the premises of Asia Pacific Beauty Products Australia Pty Ltd and depicted in photographs A to O attached to the report of Drazen Lesicar and annexed to an affidavit sworn by him on 31 July 2003. 2. Liberty to all parties to apply on 24 hours written notice. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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