Albatross Travel Group Pty Ltd v Euro International Travel Pty Ltd [2003] FCA 1128

FEDERAL COURT OF AUSTRALIA

Albatross Travel Group Pty Ltd v Euro International Travel Pty Ltd [2003] FCA 1128 ALBATROSS TRAVEL GROUP PTY LTD (ACN 010 565 143) v EURO INTERNATIONAL TRAVEL PTY LTD (ACN 003 902 636) Q153 OF 2003 COOPER J BRISBANE 10 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q153 OF 2003

BETWEEN: ALBATROSS TRAVEL GROUP PTY LTD

(ACN 010 565 143)

APPLICANT

AND: EURO INTERNATIONAL TRAVEL PTY LTD

(ACN 003 902 636)

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 10 OCTOBER 2003

WHERE MADE: BRISBANE

THE COURT DIRECTS THAT:

1. The solicitors for the respondent and the solicitors for the applicant forthwith advise Brochure Flow International Limited of the making of the injunction and the terms of it and that they seek an acknowledgement that it will take no step to further implement the distribution of the material the subject of the present application.

2. There be liberty to apply in relation to the direction above.

3. The applicant file and serve any further material upon which it intends to rely on the hearing of the application for interlocutory relief or on the notice of motion for change of venue by 12.00 noon Monday 13 October 2003.

4. The respondent file and serve any affidavit material upon which it intends to rely by 12.00 noon Wednesday 15 October 2003.

5. The applicant file and serve any affidavit material in reply by 2.15 pm Thursday 16 October 2003.

THE COURT ORDERS THAT: 1. The respondent, whether by itself, its servants, agents or otherwise and specifically by Brochure Flow International Limited be restrained from distributing or otherwise using in trade or commerce a brochure entitled 'Anzac 2004 Cruise and Gallipoli Tours' in the form which is exhibit 'E' to the affidavit of Euan Maclamroch Landsborough filed 10 October 2003 until 4.00 pm on Friday 17 October 2003. 2. The application be adjourned to 2.15 pm on 17 October 2003 for further interlocutory relief. 3. The respondent's notice of motion seeking to have the proceedings transferred to the Federal Court of Australia, New South Wales Registry is adjourned to 2.15 pm 17 October 2003. 4. The costs of today be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.