Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 5) [2017] FCA 63

Geneva Laboratories Limited v Prestige Premium Deals Pty Ltd (No 5) [2017] FCA 63

Compensatory damages of $425,000, reputational damages of $50,000, additional/exemplary damages of $212,500, and lump sum costs of $540,000 (excluding GST) are awarded based on proven financial loss, reputational harm, statutory criteria for additional damages, and reasonableness/fairness of costs established by expert evidence; respondents are jointly and severally liable.

Parties
First Applicant: Geneva Laboratories Limited; Second Applicant: Union-Swiss (Proprietary) Limited; First Respondent: Prestige Premium Deals Pty Ltd (ACN 145 497 427); Second Respondent: United Prestige Clearance Pty Limited (ACN 147 508 709); Third Respondent: United Prestige Group Pty Ltd (ACN 163 773 162); Fourth Respondent: Andrew Christopher
Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Application for Damages and Costs Following Default Judgment / Post Default Judgment, Assessment of Quantum and Costs
Outcome
Damages and lump sum costs awarded to applicants; respondents ordered to pay. Applicants to provide draft orders and interest calculations, final orders to follow.
Legal Topics
Copyright Infringement, Trade Mark Infringement, Misleading or Deceptive Conduct, Passing Off, Damages, Lump Sum Costs, Exemplary and Additional Damages
Intellectual Property Consumer Protection Tort Copyright Infringement Trade Mark Infringement Misleading or Deceptive Conduct Passing Off Damages +2 more

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Parties

Geneva Laboratories Limited

First Applicant

Union-Swiss (Proprietary) Limited

Second Applicant

Prestige Premium Deals Pty Ltd (ACN 145 497 427)

First Respondent

United Prestige Clearance Pty Limited (ACN 147 508 709)

Second Respondent

United Prestige Group Pty Ltd (ACN 163 773 162)

Third Respondent

Andrew Christopher

Fourth Respondent

Procedural Posture

Application for Damages and Costs Following Default Judgment / Post Default Judgment, Assessment of Quantum and Costs

Legal Issues

  1. 1 Quantum of compensatory, reputational, additional and exemplary damages for copyright, trade mark infringement, misleading or deceptive conduct and passing off, and assessment of lump sum costs

Ratio Decidendi

Compensatory damages of $425,000, reputational damages of $50,000, additional/exemplary damages of $212,500, and lump sum costs of $540,000 (excluding GST) are awarded based on proven financial loss, reputational harm, statutory criteria for additional damages, and reasonableness/fairness of costs established by expert evidence; respondents are jointly and severally liable.

Court Disposition

Damages and lump sum costs awarded to applicants; respondents ordered to pay. Applicants to provide draft orders and interest calculations, final orders to follow.

Orders

  • Applicants to provide draft orders and interest calculations within 7 days.
  • Respondents to respond to draft orders within 7 days of service.