Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Xiamen Huadian Switchgear Co Ltd v Powins Pty Ltd (No 2) [2022] FCA 1458 File number(s): NSD 717 of 2020
Judgment of: HALLEY J
Date of judgment: 5 December 2022
Catchwords: INTELLECTUAL PROPERTY – where parties have not reached complete agreement on the form of declarations and orders for non-pecuniary relief to give effect to written reasons delivered on 29 September 2022 – whether appropriate or necessary for additional or revised declarations and orders not otherwise agreed to be made – declarations and orders made for non-pecuniary relief substantially in the form agreed by the parties
Cases cited: Australian Competition and Consumer Commission v On Clinic Australia (1996) 35 IPR 635 Australian Competition and Consumer Commission v Boost Tel Pty Limited [2010] FCA 701 Australian Competition and Consumer Commission v Tel.Pacific Limited [2009] FCA 279 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1; [2003] FCAFC 289
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 18
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr BA Mee with Mr AS Vial
Solicitor for the Applicant: Spruson & Ferguson Lawyers
Counsel for the Respondents: Mr DP O'Brien KC with Mr NM Cooke
Solicitor for the Respondents: Redmond + Redmond Lawyers
File number(s): NSD 717 of 2020
ORDERS NSD 717 of 2020
BETWEEN: XIAMEN HUADIAN SWITCHGEAR CO., LTD Applicant AND: POWINS PTY LTD ACN 603 450 148 First Respondent
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