FEDERAL COURT OF AUSTRALIA

 

Pakula Tackle Australia Pty Ltd v Zacatak Lures Australia Pty Limited

[2009] FCA 71

 

 


CORRIGENDUM


PAKULA TACKLE AUSTRALIA PTY LTD ACN 109 280 275 v ZACATAK LURES AUSTRALIA PTY LIMITED ACN 124 549 122, MARIO ZACAROPOULOS and JACQUELINE ZACAROPOLOUS

QUD424 of 2008

 

LOGAN J

11 FEBRUARY 2009 (corrigendum dated 3 march 2009)

BRISBANE




IN THE FEDERAL COURT OF AUSTRALIA

 

QUEENSLAND DISTRICT REGISTRY

QUD424 of 2008

 

BETWEEN:

PAKULA TACKLE AUSTRALIA PTY LTD ACN 109 280 275

Applicant

 

AND:

ZACATAK LURES AUSTRALIA PTY LIMITED ACN 124 549 122

First Respondent

 

MARIO ZACAROPOULOS

Second Respondent

 

JACQUELINE ZACAROPOLOUS

Third Respondent

 

 

JUDGE:

LOGAN J

DATE OF ORDER:

11 FEBRUARY 2009

WHERE MADE:

BRISBANE

 

CORRIGENDUM

 

1                     On page 16 of the Reasons for Judgment paragraph 41 after “595” insert “Kitto J stated”.

2                     On page 16 of the Reasons for Judgment paragraph 42 in the second line “one self” should be one word, therefore the sentence should read “… but instead asks oneself whether, …”.

3                     On page 17 paragraph 44 of the Reasons for Judgment should read “as in like fashion did Foster J in the Sebel case” not “as in like fashion as did Foster J in the Sebel’s case”.

4                     On page 17 paragraph 44 of the Reasons for Judgment should read “this trade mark had about it distinguishing features” not “this trade mark had a distinguishing features”.

5                     On page 22 of the Reasons for Judgment paragraph 62 the words “in their individual capacities” should be moved to after “business” and it should read “themselves engaged in business in their individual capacities,”.

6                     On page 24 paragraph 69 of the Reasons for Judgment should read “It is distinct even though it seems that its” not “It is distinct even though is seems that its”.

 

I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Logan.



Associate:


Dated:         3 March 2009