Bacchus Distillery Pty Ltd v BDS Marketing (Aust) Pty Ltd [2012] FCA 1520

Bacchus Distillery Pty Ltd v BDS Marketing (Aust) Pty Ltd [2012] FCA 1520

Court granted leave to proceed against the first respondent under s 500(2) of the Corporations Act 2001 (Cth) and made orders restraining respondents from dealing in specified packaging and requiring delivery up, as the agreement between parties was not opposed and justified by possession/control risks.

Jurisdiction
Australia
Judgment Date
17 December 2012
Procedural Posture
Civil / Final Orders Following Settlement
Outcome
Final orders reflecting settlement made, leave to proceed against company in liquidation granted, costs partially awarded.
Legal Topics
['liquidation' 'trademark/packaging Infringement' 'interlocutory Relief']
['corporations Law' 'intellectual Property'] ['liquidation' 'trademark/packaging Infringement' 'interlocutory Relief']

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Procedural Posture

Civil / Final Orders Following Settlement

Legal Issues

  1. 1 ['Leave to proceed against company in liquidation' 'Obligations following settlement regarding delivery up of alleged infringing goods' 'Costs order against respondent and liquidator']

Ratio Decidendi

Court granted leave to proceed against the first respondent under s 500(2) of the Corporations Act 2001 (Cth) and made orders restraining respondents from dealing in specified packaging and requiring delivery up, as the agreement between parties was not opposed and justified by possession/control risks.

Court Disposition

Final orders reflecting settlement made, leave to proceed against company in liquidation granted, costs partially awarded.

Orders

  • ['Applicant granted leave to proceed against First Respondent under s 500(2) Corporations Act 2001 (Cth).' 'Proceeding discontinued.' 'Applicant and BDS International Limited discharged from undertaking set out in interlocutory order of 5 July 2011.' 'Respondents restrained from manufacturing, importing,...