In-N-Out Burger, Inc v Rich Asians Pty Ltd [2022] FCA 1573

FEDERAL COURT OF AUSTRALIA

In-N-Out Burger, Inc v Rich Asians Pty Ltd [2022] FCA 1573 File number: NSD 695 of 2021

Judgment of: BURLEY J

Date of judgment: 16 December 2022

Catchwords: PRACTICE AND PROCEDURE – undertaking given to the Court by the respondents – application under r 39.21 of the Federal Court Rules 2011 (Cth) where respondents have failed to fulfil undertaking

Legislation: Evidence Act 1995 (Cth) s 140 Federal Court Rules 2011 (Cth) rr 39.21, 40.02(b)

Cases cited: International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Ltd [2011] FCA 339; 218 FCR 398

Division: General Division

Registry: New South Wales

National Practice Area: Intellectual Property

Sub-area: Trade Marks

Number of paragraphs: 21

Date of hearing: 16 December 2022

Counsel for the Applicant: Ms M Evetts

Solicitor for the Applicant: Baker McKenzie

Counsel for the Respondents: The Respondents did not appear

ORDERS NSD 695 of 2021

BETWEEN: IN-N-OUT BURGERS, INC Applicant

AND: RICH ASIANS PTY LTD First Respondent

PUNEET AHORI Second Respondent

order made by: BURLEY J DATE OF ORDER: 16 DECEMBER 2022

PENAL NOTICE NOTICE UNDER RULE 41.06 OF THE FEDERAL COURT RULES 2011 (Cth) TO: RICH ASIANS PTY LTD, PUNEET AHORI IF YOU (BEING THE PERSONS BOUND BY THIS ORDER): A. REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR B. DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO, YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT. ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.