Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wang v Anying Group Pty Ltd (No 3) [2012] FCA 1380 Citation: Wang v Anying Group Pty Ltd (No 3) [2012] FCA 1380
Parties: HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977) and NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568) v ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN; ANYING GROUP PTY LTD (ACN 126 282 657), YANYAN SUN and YUN CHEN v HUA WEI WANG, XINYING PTY LTD (ACN 118 548 977), NEW CENTURY 2001 PTY LTD TRADING AS ANYING SYDNEY COMPANY (ACN 114 661 568), REGISTRAR OF TRADE MARKS, CHUANG WANG and ANYING INTERNATIONAL FINANCIAL PTY LIMITED (ACN 105 067 990)
File number: NSD 768 of 2008
Judge: FOSTER J
Date of judgment: 4 December 2012
Catchwords: PASSING OFF – account of profits – relevant principles discussed and applied – whether, in the circumstances of the present case, all of the profits derived by the first respondent from passing off its business as that of the third applicant should be accounted for or whether an apportionment was necessary – whether legal fees and disbursements incurred by the first respondent in defending the proceedings should be allowed to the first respondent as an expense incurred by it in deriving profits by reason of its wrongful conduct
Legislation: Australian Consumer Law, ss 18(1), 29(1)(g), 232 Federal Court of Australia Act 1976 (Cth), s 51A Trade Practices Act 1974 (Cth), ss 52, 53(d), 75B Federal Court Rules 2011, r 22.05 and r 30.21
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