Bondpark Pty Ltd v Genex Corporation Pty Ltd & Ors [1987] FCA 585

Bondpark Pty Ltd v Genex Corporation Pty Ltd & Ors [1987] FCA 585

Although applicant demonstrated there was a serious question to be tried regarding misleading or deceptive conduct, the balance of convenience did not favour granting interim relief because damages could adequately compensate the applicant, but harm to respondent from restraint would be less measurable. Thus, motion for interim relief was refused.

Parties
Applicant: Bondpark Pty Ltd; First Respondent: Genex Corporation Pty Ltd; Second Respondent: Gregory Howison; Third Respondent: Neil Cotter; Fourth Respondent: Michael Kerrison; Fifth Respondent: Kevin McMullin; Sixth Respondent: Fred Lerner
Jurisdiction
Australia
Judgment Date
29 October 1987
Procedural Posture
Application for Interlocutory Relief / Hearing of Motion for Interim Orders
Outcome
Motion for interim relief refused
Legal Topics
Interlocutory Injunction, Misleading or Deceptive Conduct, Business Name Registration, Balance of Convenience
Trade Practices Business Names Equity Interlocutory Injunction Misleading or Deceptive Conduct Business Name Registration Balance of Convenience

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Parties

Bondpark Pty Ltd

Applicant

Genex Corporation Pty Ltd

First Respondent

Gregory Howison

Second Respondent

Neil Cotter

Third Respondent

Michael Kerrison

Fourth Respondent

Kevin McMullin

Fifth Respondent

Fred Lerner

Sixth Respondent

Procedural Posture

Application for Interlocutory Relief / Hearing of Motion for Interim Orders

Legal Issues

  1. 1 Whether use of business name constituted misleading or deceptive conduct under s.52 of Trade Practices Act 1974
  2. 2 Whether applicant entitled to interlocutory relief given contravention of Business Names Act 1959 (Vic)
  3. 3 Whether applicant had established reputation or goodwill in the business name

Ratio Decidendi

Although applicant demonstrated there was a serious question to be tried regarding misleading or deceptive conduct, the balance of convenience did not favour granting interim relief because damages could adequately compensate the applicant, but harm to respondent from restraint would be less measurable. Thus, motion for interim relief was refused.

Court Disposition

Motion for interim relief refused

Orders

  • Interim relief sought by applicant refused