Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No 1) [2010] FCA 1083 Citation: Solahart Industries Pty Ltd v Solar Shop Pty Ltd (No 1) [2010] FCA 1083
Parties: SOLAHART INDUSTRIES PTY LTD and RHEEM AUSTRALIA PTY LTD v SOLAR SHOP PTY LTD and SOLAR HUT PTY LTD
File number(s): NSD 717 of 2009
Judge: PERRAM J
Date of judgment: 5 October 2010
Catchwords: PRACTICE AND PROCEDURE – Amendment – Prejudice to opposing party – Explanation for delay
Legislation: Trade Marks Act 1995 (Cth) s 120 Trade Practices Act 1974 (Cth) s 52
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 cited
Date of hearing: 1 October 2010
Date of last submissions: 1 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicants: Ms S J Goddard SC
Solicitor for the Applicants: DLA Phillips Fox
Counsel for the Respondents: Mr R Webb SC with Mr C Burgess
Solicitor for the Respondents: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 717 of 2009
BETWEEN: SOLAHART INDUSTRIES PTY LTD
First Applicant
RHEEM AUSTRALIA PTY LTD
Second Applicant
AND: SOLAR SHOP PTY LTD
First Respondent
SOLAR HUT PTY LTD
Second Respondent
JUDGE: PERRAM J
DATE OF ORDER: 5 OCTOBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicants' notice of motion filed on 24 September 2010 be dismissed with costs. 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.
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