Sumitomo Mitsui Banking Corporation v Sumitomo Mitsui Financial Group Pty Ltd [2009] FCA 300

FEDERAL COURT OF AUSTRALIA

Sumitomo Mitsui Banking Corporation v Sumitomo Mitsui Financial Group Pty Ltd [2009] FCA 300

Corporations Act 2001 (Cth), s 153 SUMITOMO MITSUI BANKING CORPORATION (ARBN 114 053 459) v SUMITOMO MITSUI FINANCIAL GROUP PTY LTD (ACN 135 090 096)

NSD 212 of 2009

FOSTER J

30 MARCH 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 212 of 2009

BETWEEN: SUMITOMO MITSUI BANKING CORPORATION (ARBN 114 053 459)

Applicant

AND: SUMITOMO MITSUI FINANCIAL GROUP PTY LTD (ACN 135 090 096)

Respondent

JUDGE: FOSTER J

DATE OF ORDER: 30 MARCH 2009

WHERE MADE: SYDNEY

THE COURT:

1. GRANTS leave to the applicant to file in Court, to read and to rely upon the affidavits of Alison Armorel Castle sworn on 30 March 2009 and Simon Andrew Marsh sworn on 27 March 2009. 2. NOTES the undertaking as to damages given by the applicant by its Counsel. 3. ORDERS THAT, until further order, the respondent, by itself, its officers, servants and agents be restrained, in trade or commerce, from: (a) In relation to a financial product or a financial service using the name "Sumitomo Mitsui Banking Corporation" or "Sumitomo Mitsui Financial Group" or any name similar thereto; and (b) Otherwise using the name "Sumitomo Mitsui Banking Corporation" or "Sumitomo Mitsui Financial Group" or any name similar thereto, other than as required by s 153 of the Corporations Act 2001 (Cth). 4. RESERVES the question of costs. 5. ADJOURNS the proceedings for final hearing to a date to be fixed by arrangement with the Associate to Foster J. 6. GRANTS leave to the parties to apply on 24 hours' notice.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA