Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2013] FCA 379 Citation: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2013] FCA 379
Parties: ACCOR AUSTRALIA & NEW ZEALAND HOSPITALITY PTY LTD ACN 002 452 017 and CAIRNS HARBOUR LIGHTS PTY LTD ACN 106 562 092 v LIV PTY LTD ACN 093 688 576, IVANA PATALANO and ELISE WYANDRA WARRING (ALSO KNOWN AS ELISE BRADNAM)
File number: QUD 762 of 2012
Judge: REEVES J
Date of judgment: 26 April 2013
Catchwords: PRACTICE AND PROCEDURE – application to have a question determined as a separate question under r 30.01 of the Federal Court Rules 2011 – claims for trade mark infringement and misleading or deceptive conduct – where the question does not involve a "crisp and clear" demurrer point – where significant and extensive factual disputes are likely to arise – where there is potential for an overlap between the evidence that will be adduced at the two hearings – where the question does not involve a central issue in contention that will substantially narrow the field of dispute at trial– where prolongation of the hearing and two stages of appeals likely – where the hearing of the separate question is unlikely to advance the prospects of settlement
Legislation: Body Corporate and Community Management Act 1997 (Qld) Competition and Consumer Act 2010 (Cth) Trade Marks Act 1995 (Cth) Federal Court Rules 2011
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