PRACTICE AND PROCEDURE – application for interlocutory injunction – applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business, and company and personal guarantees – applicant defaulted on obligation to make payments to fifth respondent – applicant alleges respondents engaged in misleading and deceptive conduct and unconscionable conduct contrary to ss 18 and 21 of Australian Consumer Law – applicant alleges respondent misrepresented or concealed condition of business assets – applicant seeks to restrain first and fifth respondents from exercising contractual rights arising from applicant’s default pending determination of claims – interlocutory injunctions granted preventing first and fifth respondents from exercising certain rights
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Hemmes Trading Pty Limited v Establishment 203 Pty Ltd [2024] FCA 1100
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Australian Competition and Consumer Commission v Secure Parking Pty Ltd [2024] FCA 884
CONSUMER LAW – application for declarations of contravention, civil penalty and other orders by consent – where respondent admitted contraventions of ss 18, 29(1)(g) and 34 of the Australian Consumer Law – whether proposed declarations and penalty appropriate Related cases about competition law Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0884For more information, see the original judgement.
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FanFirm Pty Limited v Fanatics, LLC [2024] FCA 764
INTELLECTUAL PROPERTY – trade marks – alleged infringement of registered marks under s 120 of the Trade Marks Act 1995 (Cth) – deceptive similarity – misleading or deceptive conduct – alleged breaches of s 18 and s 29(1)(g) and (h) of the Australian Consumer Law (ACL) – tort of passing off. TRADE MARKS – infringement…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0118
For more information, see the original judgement.
