Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Future Entertainment Pty Ltd v Cold Rock Management Pty Ltd [2013] FCA 922 Citation: Future Entertainment Pty Ltd v Cold Rock Management Pty Ltd [2013] FCA 922
Parties: FUTURE ENTERTAINMENT PTY LTD (ACN 085 550 054) v COLD ROCK MANAGEMENT PTY LTD (ACN 078 334 326) and STANLEY GORDON
File number: VID 411 of 2013
Judge: MURPHY J
Date of judgment: 30 August 2013
Catchwords: PRACTICE & PROCEDURE – dismissal of proceedings under r. 5.23 – dismissal of proceeding in default of appearance COSTS – application for indemnity costs – commencement of proceedings for breach of trademark and injunctive relief when trademark had been transferred – failure to appear before the Court
Legislation: Competition and Consumer Act 2010 (Cth) Trade Marks Act 1995 (Cth)
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590 Re Wilcox, Ex Parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 Ruddock v Vadarlis (2001) 188 ALR 143
Date of hearing: 30 August 2013
Date of last submissions: 30 August 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: The Applicant did not appear
Counsel for the Respondents: Mr D Hancock
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