Integrated Hospitality Services Pty Ltd v Zeneldin [2011] FCA 720

FEDERAL COURT OF AUSTRALIA

Integrated Hospitality Services Pty Ltd v Zeneldin [2011] FCA 720 Citation: Integrated Hospitality Services Pty Ltd v Zeneldin [2011] FCA 720

Parties: INTEGRATED HOSPITALITY SERVICES PTY LTD (ACN 125 401 550) and PEARL CATERING (VIC) PTY LTD (ACN 139 204 014) v SALIM SAM ZENELDIN AKA SELIN (SAM) ZENELDIN AND SAM ZENELDIN TRADING AS PEARL KITCHEN CAFE BAR FUNCTIONS

File number: VID 478 of 2011

Judge: NORTH J

Date of judgment: 8 June 2011

Date of hearing: 8 June 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 10

Counsel for the Applicants: Mr J Samargis

Solicitor for the Applicants: Henty Stamfords

Counsel for the Respondent: Mr B Fitzpatrick

Solicitor for the Respondent: Kliger Partners

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 478 of 2011

BETWEEN: INTEGRATED HOSPITALITY SERVICES PTY LTD (ACN 125 401 550)

First Applicant

PEARL CATERING (VIC) PTY LTD (ACN 139 204 014)

Second Applicant

AND: SALIM SAM ZENELDIN AKA SELIN (SAM) ZENELDIN AND SAM ZENELDIN TRADING AS PEARL KITCHEN CAFE BAR FUNCTIONS

Respondent

JUDGE: NORTH J DATE OF ORDER: 8 JUNE 2011 WHERE MADE: MELBOURNE

THE COURT ORDERS BY CONSENT THAT:

1. As and from 15 June 2011, the Respondent, whether by himself, his servants or agents or otherwise howsoever be restrained from – 1.1 applying or using the name "Pearl Kitchen Café Bar Functions" in connection with food services; 1.2 applying or using any names or phrases which are substantially identical or deceptively or confusingly similar to the Applicants' names, including but not limited to "Pearl", "Pearl Restaurant and Bar", "Pearl Restaurant", "Restaurant Pearl", "Pearl Café", "Pearl Events" and "Pearl Catering" as well as "Pearl Kitchen" in connection with food services. 2. Excluding the neon sign at the front of the premises located at 3 Station Pier, Port Melbourne, by 15 June 2011 the Respondent deliver up on oath to the Applicants or their nominated agent or for destruction of all business, advertising, promotional and other material, used or intended to be used by or capable of being used by the Respondent whether by himself, his servants or agents or otherwise howsoever, in any manner in breach of paragraph 1 above which is now or hereafter in the possession, power, custody or control of the Respondent or his servants or agents. AND THE COURT FURTHER ORDERS THAT: 3. By 22 June 2011, the Respondent pay the Applicants' costs fixed in the sum of $15,000.00. 4. The Application is struck out subject to a right to reinstatement on 1 August 2011 in the event of the Respondent's non-compliance with paragraph 2 and 3 above. 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.