Unilever Australia Ltd v Tidy Tea Ltd & Anor [1995] FCA 809

Unilever Australia Ltd v Tidy Tea Ltd & Anor [1995] FCA 809

Unilever did not demonstrate that Burchett J committed any error of principle, either by making findings inconsistent with established principle or by failing to make findings that should have been made; the judgment was not attended by sufficient doubt to warrant consideration by the Full Court.

Jurisdiction
Australia
Judgment Date
19 September 1995
Procedural Posture
Motion for Leave to Appeal From Interlocutory Injunctions / On Appeal From a Judge of the Federal Court of Australia
Outcome
Motion for leave to appeal dismissed with costs.
Legal Topics
['petty Patent' 'interlocutory Injunction' 'leave to Appeal' 'balance of Convenience' 'adequacy of Damages']
['intellectual Property' 'civil Procedure'] ['petty Patent' 'interlocutory Injunction' 'leave to Appeal' 'balance of Convenience' 'adequacy of Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Motion for Leave to Appeal From Interlocutory Injunctions / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from the interlocutory injunctions granted by Burchett J.' 'Whether Burchett J committed an error of principle in finding a serious question to be tried and in assessing the balance of convenience.' 'Whether Burchett J failed to make adequate findings about loss or damage that might be sustained by Unilever if interlocutory relief were granted.']

Ratio Decidendi

Unilever did not demonstrate that Burchett J committed any error of principle, either by making findings inconsistent with established principle or by failing to make findings that should have been made; the judgment was not attended by sufficient doubt to warrant consideration by the Full Court.

Court Disposition

Motion for leave to appeal dismissed with costs.

Orders

  • ['The motion for leave is dismissed with costs.']