Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
King Furniture Australia Pty Limited v Dare Gallery Pty Limited [2007] FCA 1394 KING FURNITURE AUSTRALIA PTY LIMITED v DARE GALLERY PTY LIMITED ACN 080 914 629, DARE GALLERY QLD PTY LIMITED ACN 119 645 368, DARE GALLERY (BRISBANE) PTY LIMITED ACN 084 354 030, DARE GALLERY SA PTY LIMITED ACN 119 645 386, DARE GALLERY VIC PTY LIMITED ACN 119 64 395 AND DARE GALLERY ADMINISTRATION PTY LIMITED ACN 119 645 359 NSD 1727 OF 2007
COWDROY J
31 AUGUST 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1727 OF 2007
BETWEEN: KING FURNITURE AUSTRALIA PTY LIMITED
Applicant
AND: DARE GALLERY PTY LIMITED ACN 080 914 629
First Respondent
DARE GALLERY QLD PTY LIMITED ACN 119 645 368
Second Respondent
DARE GALLERY (BRISBANE) PTY LIMITED ACN 084 354 030
Third Respondent
DARE GALLERY SA PTY LIMITED ACN 119 645 386
Fourth Respondent
DARE GALLERY VIC PTY LIMITED ACN 119 64 395
Fifth Respondent
DARE GALLERY ADMINISTRATION PTY LIMITED ACN 119 645 359
Sixth Respondent
JUDGE: COWDROY J DATE OF ORDER: 31 AUGUST 2007
WHERE MADE: SYDNEY
THE COURT NOTES: 1. The respondents' undertaking that they will not until 5 pm on 21 September 2007 or until further order of the Court, whichever is earlier, cause to be published or broadcast, or take any steps to cause to be published or broadcast, any advertisements referring to the applicant or any products of the applicant. THE COURT ORDERS THAT: 1. The hearing of the applicant's Application and Notice of Motion be adjourned to be heard at 10.15 am on 21 September 2007 or as soon as possible thereafter. 2. The applicant file and serve its evidence by 5 pm on 31 August 2007. 3. The respondents file and serve their Statement of Defence and any affidavit in reply by 4 pm on 13 September 2007. 4. The proceedings to be listed before the Judge having the conduct of these proceedings at 9.30 am on 14 September 2007 for any further directions. 5. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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