Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Holyoake Industries (Vic) Pty Ltd v V-Flow Pty Ltd (No 2) [2012] FCA 530 Citation: Holyoake Industries (Vic) Pty Ltd v V-Flow Pty Ltd (No 2) [2012] FCA 530
Parties: HOLYOAKE INDUSTRIES (VIC) PTY LTD ACN 082 572 174 and HOLYOAKE INDUSTRIES LTD v V-FLOW PTY LTD ACN 135 579 323, JAMIE ROBERT BROWN, BOZIDAR (CHRIS) MATKOVIC and ANTHONY ALOE
File number: VID 812 of 2009
Judge: TRACEY J
Date of judgment: 25 May 2012
Catchwords: COSTS – remedies sought – account of profits – statutory compensation – damages or equitable compensation – in the alternative to account of profits – equitable compensation on basis of loss of opportunity – election to be made as to whether equitable compensation or account of profits to be received – interest to be calculated in accordance with Federal Court Act
Legislation: Corporations Act 2001 (Cth) ss 181, 182, 183, 1317, 1317DA, 1317E, 1317H Federal Court of Australia Act 1976 (Cth) ss 37P, 51A
Cases cited: Phipps v Boardman [1965] Ch 992 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited, applied Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 cited Harris v Digital Pulse Pty Ltd (2003) 56 NSWLR 298 cited Paul A Davies (Aust) Pty Ltd v Davies [1983] 1 NSWLR 440 cited, compared Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 cited Warman International Limited v Dwyer (1995) 182 CLR 544
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