Hoath & 1 Or v Connect Internet Services & 5 Ors [2006] NSWSC 158

Reported Decision : 69 IPR 62

New South Wales Supreme Court

CITATION : Hoath & 1 Or v Connect Internet Services & 5 Ors [2006] NSWSC 158

HEARING DATE(S) : 06-08/06/05, 08/07/05

JUDGMENT DATE : 22 March 2006

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : Short minutes to be brought in to give effect to reasons.

CATCHWORDS : TORTS – passing off – second, third and sixth defendants used plaintiffs' business name and domain name – plaintiffs' consent expired or withdrawn – whether plaintiffs entitled to sue in passing off – whether plaintiffs entitled to damages or an account of profits – whether fourth and fifth defendants liable as joint tortfeasors or accessaries – whether plaintiffs entitled to injunctions restraining further use of plaintiffs' business name and domain name – whether plaintiffs entitled to order of re-transfer in relation to plaintiffs' domain name - CONTRACTS – Interpretation – Implication of terms – Whether third defendant purchased domain name, internet protocol addresses and autonomous system number - TRADE & COMMERCE – misleading or deceptive conduct – defendants contended they purchased plaintiffs' domain name, internet protocol range and autonomous system number – representations to this effect made to internet registrar – whether representations in breach of s 52 of the Trade Practices Act 1974 (Cth) – whether plaintiffs entitled to damages under s 82 or orders under s 87 of the Trade Practices Act - EQUITY – equitable remedies – second, third and sixth defendants used plaintiffs' internet protocol range and autonomous system number – whether plaintiffs entitled to injunctions restraining further use of plaintiffs' internet protocol range and autonomous system number – whether plaintiffs entitled to order for re-transfer - TORTS – conversion – detinue – defendants used plaintiffs' domain name, internet protocol range and autonomous system number – whether rights to domain name, internet protocol range and autonomous system number are intangible property rights – whether plaintiffs entitled to sue in conversion for interference with intangible property rights - TORTS – conversion – detinue – second to fifth defendants used plaintiffs' computer equipment – plaintiffs' consent expired or withdrawn – whether second plaintiff entitled to sue in conversion where no proof of ownership – whether second defendant entitled to plead res judicata following dismissal of appeal from deed administrator's rejection of proof of debt - CORPORATIONS – deeds of company arrangement – second defendant entered into deed of company arrangement – whether deed a defence to relief sought against second defendant – construction of s 444D of the Corporations Act 2001 (Cth) – effect of Part 5.3A of the Corporations Act - CONTRACTS –first plaintiff and fourth and fifth defendants made "in principle" agreement as to first plaintiff's equity in proposed new company – whether parties negotiated binding contract – whether first plaintiff entitled to equitable relief notwithstanding the parties' failure to negotiate valid contract – principles of equitable estoppel - DAMAGES – exemplary and aggravated damages – whether plaintiffs entitled to exemplary or aggravated damages against any defendant.