Azzi v Omar [2012] FCA 625

FEDERAL COURT OF AUSTRALIA

Azzi v Omar [2012] FCA 625 Citation: Azzi v Omar [2012] FCA 625

Parties: SAMIRA AZZI and SIMON AZZI v AZZELDEEN OMAR and MAHMOUD OMAR

File number: NSD 714 of 2012

Judge: EMMETT J

Date of judgment: 29 May 2012

Date of hearing: 29 May 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 19

Counsel for the applicants: IS Wylie

Solicitor for the applicants: Thomsons Lawyers

Counsel for the respondents: RA Parsons

Solicitor for the respondents: Sterling Legal

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 714 of 2012

BETWEEN: SAMIRA AZZI

First Applicant

SIMON AZZI

Second Applicant

AND: AZZELDEEN OMAR

First Respondent

MAHMOUD OMAR

Second Respondent

JUDGE: EMMETT J DATE OF ORDER: 29 MAY 2012 WHERE MADE: SYDNEY

THE COURT NOTES THAT: 1. The first respondent undertakes to the Court to: 1.1 no later than 10am on 31 May 2012, cover or remove all external signs at 43-49 South Street, Granville which contain the Awafi name or the Awafi Rooster Device, and after that time not to display the Awafi name or device on the exterior of 43-49 South Street, Granville. 1.2 maintain the interior signage and get-up of the business at 43-49 South Street, Granville as is at the present date; 1.3 not display the Awafi name or the Awafi Rooster Device in any media advertising, handbills or like promotion; and 1.4 not use the Awafi name or the Awafi Rooster Device in connection with any business other than at 43-49 South Street Granville without first giving sixty (60) days' notice to the applicants' solicitors of his intention to do so; 2. The applicants undertake to the Court to: 2.1 no later than 10am on 31 May 2012, cover or remove all external signs at 107 South Street, Granville which contain the Awafi name or the Awafi Rooster Device, and after that time not to display the Awafi name or device on the exterior of 107 South Street, Granville; and 2.2 not display the Awafi name or the Awafi Rooster Device in any media advertising, handbills or like promotion. 3. The first applicant and first respondent each gives the usual undertaking as to damages. 4. The first applicant and first respondent each gives an undertaking to keep proper accounts and records of the trading at 43-49 South Street, Granville, in the case of the first respondent and 107 South Street, Granville, in the case of the first applicant. 5. The above undertakings are to continue until final hearing and determination of the proceedings, or until they are discharged by order of the Court. THE COURT ORDERS THAT: 6. The proceeding be listed for further directions at 9.30am on Friday, 1 June 2012 before the docket judge (Rares J). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011