Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chen v Diversipak Pty Ltd (in liq) [2018] FCA 1314 File number: NSD 1387 of 2018
Judge: BROMWICH J
Date of judgment: 10 August 2018
Date of publication of reasons: 27 August 2018
Catchwords: CORPORATIONS – application for leave under s 471B of the Corporations Act 2001 (Cth) to commence proceedings against company in liquidation TRADE MARKS – application for an interim injunction preventing liquidator of company from selling company goods – where applicant claims that the goods infringe her registered trade mark
Legislation: Corporations Act 2001 (Cth), ss 471B, 500(2) Trade Marks Act 1995 (Cth), s 27(1)(b)
Cases cited: Commissioner for Consumer Protection v Unleash Solar Pty Ltd (in liq) [2015] FCA 348 Insight Radiology Pty Ltd v Insight Clinical Imaging Pty Ltd [2016] FCA 1406; 122 IPR 232 Vagrand Pty Ltd (In Liq) v Fielding (1993) 41 FCR 550
Date of hearing: 10 August 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr A Kaylinger
Solicitor for the Applicant: Alder IP
Solicitor for the Respondent: Mr D Turner of Assured Legal Solutions
ORDERS NSD 1387 of 2018
BETWEEN: LAY SIENG CHEN Applicant
AND: DIVERSIPAK PTY LTD ACN 122 831 707 (IN LIQUIDATION) Respondent
JUDGE: BROMWICH J DATE OF ORDER: 10 AUGUST 2018
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