Federal Court of Australia
Federal Court of Australia
Lian Fa International Dining Business Corporation v Mu [2021] FCA 1527 File number: NSD 1124 of 2021
Judgment of: THAWLEY J
Date of judgment: 6 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for urgent interlocutory relief – where applicant sought interlocutory orders restraining use of registered trade marks – where applicant claims that contract between applicant and first respondent was validly terminated – where respondents disputed termination was valid – where trade marks used in about 90 franchises – examination of whether prima facie case sufficient to warrant relief having regard to the balance of convenience – relief refused
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Securities and Investments Commission v GetSwift Limited (Liability Hearing) [2021] FCA 1384 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Ltd [2013] FCAFC 102 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156 Shercliff v Engadine Acceptance Corporation Pty Ltd [1978] 1 NSWLR 729 Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCAFC 59
Division: General Division
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