Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
RLA Polymers Pty Ltd v Nexus Adhesives Pty Ltd [2011] FCA 606 Citation: RLA Polymers Pty Ltd v Nexus Adhesives Pty Ltd [2011] FCA 606
Parties: RLA POLYMERS PTY LTD ACN 004 709 915 v NEXUS ADHESIVES PTY LTD ACN 121 120 036, JONATHAN CHARLES CLEWLOW, ISHU SOFAT and BRETT NIXON
File number(s): VID 1150 of 2007
Judge: RYAN J
Date of judgment: 2 June 2011
Dates of hearing: 25 May 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 24
Counsel for the Applicant: Mr D M B Derham QC with Mr A Nash
Solicitor for the Applicant: Blake Dawson
Counsel for the Respondents: Mr T Wodak
Solicitor for the Respondents: GPZ Legal
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 1150 of 2007
BETWEEN: RLA POLYMERS PTY LTD ACN 004 709 915
Applicant
AND: NEXUS ADHESIVES PTY LTD ACN 121 120 036
First Respondent
JONATHAN CHARLES CLEWLOW
Second Respondent
ISHU SOFAT
Third Respondent
BRETT NIXON
Fourth Respondent
JUDGE: RYAN J DATE OF ORDER: 2 june 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Paragraph 1 of the Order of the Court of 29 April 2011 be varied by inserting after the expression "Nexus 820" the words in parenthesis "(which includes any Nexus product having the same formulation as "Nexus 820" whether or not sold under that name)". 2. The respondents pay the applicant interest on the amount found to be due on the taking of an account of profits directed by paragraph 1 of the Order of the Court of 29 April 2011. 3. The interest provided for by paragraph 2 of this Order be calculated by the Registrar taking the said account, such interest to accrue from 14 March 2008 until the completion of the taking of the said account. 4. The interest stipulated in paragraph 3 of this Order be calculated by the Registrar taking the said account and be in accordance with s 51A of the Federal Court of Australia Act 1976 (Cth) and at the rate applied from time to time by the Supreme Court of Victoria. 5. The respondents pay 75% of the applicant's costs of the application, including any reserved costs, such costs in default of agreement to be taxed as between party and party. 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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