Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McColm v Strudwicks Sportsworld Pty Ltd [2006] FCA 961
INTERLOCUTORY INJUNCTION – Australian Registered Design - no appearance by the respondent – whether satisfied that the respondents were aware of the hearing - whether serious question to be tried - whether damages are an adequate remedy – whether balance of convenience favours granting the injunction Held: Injunction granted. Serious question to be tried. Similarities of products clear from observation. Damages not an adequate remedy where respondents' actions interfere with the goodwill of the applicants and is being used to erode the applicants' market share in breach of the applicants' monopoly rights. Balance of convenience favours grant of injunction. Respondents previously given written undertaking to cease conduct and have not done so. Undertaking to be given by applicants as to damages.
Federal Court of Australia Act 1976 (Cth) s 23 Federal Court of Australia Rules O 32 r 2(1)(d) American Cynamid v Ethicon Limited (1975) AC 396 applied Castlemaine Tooheys v State of South Australia (1986) 161 CLR 148 applied Hexal Australia Pty Limited v Roche Therapeutics Inc [2005] FCA 1218 applied Outdoor Power Products Pty Ltd v Silvan Australia Pty Ltd [2005] FCA 1696 cited Pharmacia Italia SPA v Pfizer (Perth) Pty Ltd v Interpharma Pty Ltd (2005) FCA 1675 applied Wanem Pty Ltd v John Tekiela (1990) 19 IPR 435 cited GRAHAM ALEXANDER MCCOLM AND MICHAEL JOHN DE VERE v STRUDWICKS SPORTSWORLD PTY LTD ACN 054 652 550 AND ROSS ANDREW STRUDWICK QUD 288 OF 2006
COLLIER J
27 JULY 2006
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 288 OF 2006
BETWEEN: GRAHAM ALEXANDER MCCOLM
First Applicant
MICHAEL JOHN DE VERE
Second Applicant
AND: STRUDWICKS SPORTSWORLD PTY LTD ACN 054 652 550
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