Labelmakers Group Pty Ltd v LL Force Pty Ltd (No 3) [2013] FCA 1059

FEDERAL COURT OF AUSTRALIA

Labelmakers Group Pty Ltd v LL Force Pty Ltd (No 3) [2013] FCA 1059 Citation: Labelmakers Group Pty Ltd v LL Force Pty Ltd (No 3) [2013] FCA 1059

Parties: LABELMAKERS GROUP PTY LTD (ACN 114 717 814) and LABELMAKERS GROUP WA PTY LTD (ACN 061 909 688) v LL FORCE PTY LTD (TRADING AS LABELFORCE) (ACN 136 603 891), ERNEST SAMPSON COOLEY, JASON ERNEST COOLEY, PAUL RICHARD DEVENEY, SCOTT SWEENEY and CHLOE LEECH

File number: VID 555 of 2009

Judge: TRACEY J

Date of judgment: 22 October 2013

Catchwords: EQUITY – Remedies – damages or equitable compensation – in the alternative account of profits – equitable lien – injunctive relief – delivery up – 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: Federal Court of Australia Act 1976 (Cth) s 51A

Cases cited: AMP Services Limited v Manning [2006] FCA 256 – considered C-Shirt Pty Ltd v Barnett Marketing and Management Pty Ltd (1996) 37 IPR 315 – considered General Tire and Rubber v Firestone Tyre and Rubber Company Limited [1975] 1 WLR 819 – considered Hospital Products Limited v United States Surgical Corporation (1984) 156 CLR 41 – considered, cited Johnson v Perez (1988) 166 CLR 351 – cited Labelmakers Group Pty Ltd v LL Force Pty Ltd [2012] FCA 512 – discussed, cited Parker, Re Purcom No 34 Pty Ltd (in liq) (No 2) [2010] FCA 624 – cited TC Industrial Plant Pty Ltd v Robert's Queensland Pty Ltd (1963) 180 CLR 130 – considered V-Flow Pty Ltd v Holyoake Industries (Vic) Pty Ltd (2013) 296 ALR 418 – applied, considered WA Fork Truck Distributors Pty Ltd v Jones [2003] WASC 102 – considered Warman International Limited v Dwyer (1995) 182 CLR 544 – applied, considered, cited Western Areas Exploration Pty Ltd v Streeter (No 3) (2009) 234 FLR 265 – cited