Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fyna Foods Australia Pty Ltd (ACN 004 981 328) v Cobannah Holdings Pty Ltd (ACN 009 310 810) [2004] FCA 1181
TRADE PRACTICES AND PASSING OFF — interlocutory injunction
Trade Practices Act 1974 (Cth) s 52
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 referred to
Kettle Chip Company Pty Ltd v Apand Pty Ltd (1993) 119 ALR 156 referred to
Red Bull Australia Pty Ltd v Sydneywide Distributors Pty Ltd (2001) 53 IPR 481 referred to
Cadbury Schweppes Pty Ltd v Pub Squash Co Pty Ltd [1980] 2 NSWLR 851 referred to
Bullock v Federated Furnishing Trades Society of Australasia (1985) 60 ALR 235 referred to
FYNA FOODS AUSTRALIA PTY LTD (ACN 004 981 328) V COBANNAH HOLDINGS PTY LTD (ACN 009 310 810) V 782 of 2004 KENNY J MELBOURNE 9 SEPTEMBER 2004
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 782 OF 2004
BETWEEN: FYNA FOODS AUSTRALIA PTY LTD (ACN 004 981 328)
APPLICANT
AND: COBANNAH HOLDINGS PTY LTD (ACN 009 310 810)
RESPONDENT
JUDGE: KENNY J
DATE OF ORDER: 9 September 2004
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for injunctive interlocutory relief be dismissed.
2. On or before 4.30pm on 10 September 2004 the respondent file and serve an affidavit as to costs incurred as at 30 July 2004.
3. The parties file and serve any further short submissions as to costs on or before 12.30pm on 13 September 2004. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 782 OF 2004
BETWEEN: FYNA FOODS AUSTRALIA PTY LTD (ACN 004 981 328)
APPLICANT
AND: COBANNAH HOLDINGS PTY LTD (ACN 009 310 810)
RESPONDENT
JUDGE: KENNY J
DATE: 9 SEPTEMBER 2004
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