Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 372

FEDERAL COURT OF AUSTRALIA

Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 372 Citation: Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 372

Parties: FOOD CHANNEL NETWORK PTY LTD v TELEVISION FOOD NETWORK, GP

File number(s): QUD 103 of 2009

Judge: JAGOT J

Date of judgment: 14 April 2010

Catchwords: PRACTICE AND PROCEDURE – second interlocutory application – abuse of process

Legislation: Federal Court of Australia Act 1976 (Cth) Trade Marks Act 1995 (Cth) Federal Court Rules

Cases cited: Food Channel Network Pty Ltd v Television Food Network, GP [2010] FCA 204 P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 2) (2009) 255 ALR 466; [2009] FCA 413

Date of hearing: 14 April 2010

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr L Stephens

Solicitor for the Applicant: Potts & Co Lawyers

Counsel for the Respondent: Mr A Franklin SC and Mr J Cooke

Solicitor for the Respondent: Bennett & Philp Lawyers

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISION QUD 103 of 2009

BETWEEN: FOOD CHANNEL NETWORK PTY LTD

Applicant

AND: TELEVISION FOOD NETWORK, GP

Respondent

JUDGE: JAGOT J

DATE OF ORDER: 14 APRIL 2010

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Dismiss the notice of motion filed on 31 March 2010. 2. Dismiss the notice of motion filed on 9 April 2010. 3. The applicant pay the respondent's costs of the notice of motion filed 31 March 2010, as agreed or taxed. 4. Each party to pay its own costs of the notice of motion filed 9 April 2010.