Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Workplace Institute Limited v IBM Australia Limited [2019] FCA 1339 File number: VID 651 of 2019
Judge: O'CALLAGHAN J
Date of judgment: 20 August 2019
Date of publication of reasons: 22 August 2019
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction – trial of proceeding to commence in three months – unnecessary and undesirable to assess prima facie case – balance of convenience favours respondent – injunction if granted would change status quo – applicants unable to explain delay in bringing claim for interlocutory relief – application refused
Cases cited: Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221 Capgemini US LLC v Case [2004] NSWSC 674 Hexal Australia Pty Ltd v Roche Therapeutics Inc [2005] FCA 1218; (2005) 66 IPR 325 Nintendo Co Ltd v CARE [2000] FCA 1538; (2000) 52 IPR 34 Zuellig v Pulver [2000] NSWSC 7 Meagher, Gummow and Lehane's Equity Doctrines and Remedies, Fifth Edition, 2015
Date of hearing: 15 August 2019; 16 August 2019
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-Area: Trade Marks
Category: Catchwords
Number of paragraphs: 72
Counsel for the Applicants: P D Crutchfield QC with L A Merrick and M B Fleming
Solicitor for the Applicants: Tisher Liner FC Law
Counsel for the Respondent: M J Darke SC with D B Larish
Solicitor for the Respondent: Baker & McKenzie
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