Crafted Furniture Pty Ltd v Echo Furniture Pty Ltd [2023] FCA 283

Federal Court of Australia

Crafted Furniture Pty Ltd v Echo Furniture Pty Ltd [2023] FCA 283 File number(s): NSD 212 of 2023

Judgment of: JACKMAN J

Date of judgment: 14 March 2023

Catchwords: EQUITY – claimed breach of contract, misleading or deceptive conduct and passing off – application for interlocutory injunctions restraining the respondent from producing, manufacturing or offering for sale certain products – whether there is a serious question to be tried as to breach of contract, misleading or deceptive conduct or passing off LIENS – claimed common law lien over furniture materials – whether there is a general lien or particular lien – where the respondent's occupation falls outside the recognised categories of occupation entitled to general liens – where there is no indebtedness in relation to the property over which a lien is claimed PRACTICE AND PROCEDURE – where the applicants and respondent claim costs – where the applicants have been partially successful in obtaining the relief sought – where the majority of evidence and submissions concern issues in relation to which the applicants were unsuccessful – where the respondent offered a compromise to the applicants

Cases cited: Stapley v Towing Masters Proprietary Limited [2009] NSWSC 139

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 13

Date of hearing: 14 March 2023

Counsel for the Applicants Ms G A Edwards

Solicitor for the Applicants Gupta & Co Pty Ltd

Counsel for the Respondent Ms A Avery-Williams