Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2016] FCA 1129 File number: VID 418 of 2011
Judge: MOSHINSKY J
Date of judgment: 15 September 2016
Catchwords: CONTEMPT OF COURT – injunction restraining respondent from trading as a business under certain names and trade marks – construction of expression "trading as a business" – whether respondent was "trading as a business" – where alleged business was motor vehicle insurance business – where promotional activities and preparatory steps – where no transactional activity as a going concern – where no goods or services bought or sold, or offered to be bought or sold
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18(1), 29(1)(g) Federal Court of Australia Act 1976 (Cth), s 31(1) Federal Court Rules 2011, rr 42.11(1), 42.12 Judiciary Act 1903 (Cth), s 24
Cases cited: Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 Athens v Randwick City Council (2005) 64 NSWLR 58 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Australian Energy Ltd v Lennard Oil NL (No 2) [1988] 2 Qd R 230 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd (2013) 97 ACSR 127 Bob Jane Corporation Pty Ltd v ACN 149 801 141 Pty Ltd [2014] FCA 637 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 320 ALR 448 Hope v Bathurst City Council (1980) 144 CLR 1 Hurd v Zomojo Pty Ltd [2015] FCAFC 148 Jones v Australian Competition and Consumer Commission (2010) 189 FCR 390 Jones v Dunkel (1959) 101 CLR 298 Murphy v Victoria (2014) 45 VR 119 Re Ku-ring-gai Co-op Building Society (No 12) Ltd (1978) 36 FLR 134 Town Investments Ltd v Department of the Environment [1978] AC 359 Witham v Holloway (1995) 183 CLR 525 Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78
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