Colbeam Palmer Ltd v Stock Affiliates Pty Ltd

JurisdictionAustralia Federal only
Neutral Citation[1968] HCA 50,1968-0815 HCA A
Date1968
CourtHigh Court
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76 cases
2 firm's commentaries
  • Employees ' Damages for breach of contractual and fiduciary obligations
    • Australia
    • Mondaq Australia
    • 24 August 2021
    ...of the wrongdoer during the period when the victim's rights were being infringed" (Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25 at 34). While the Court found that the Employees were liable to PIA, it ordered that the PIA elect where to seek equitable damages or an account......
  • Employees ' Damages for breach of contractual and fiduciary obligations
    • Australia
    • Mondaq Australia
    • 24 August 2021
    ...of the wrongdoer during the period when the victim's rights were being infringed" (Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25 at 34). While the Court found that the Employees were liable to PIA, it ordered that the PIA elect where to seek equitable damages or an account......
3 books & journal articles
  • Restatement (Third) of Restitution and Unjust Enrichment, vols.1-2.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 3, December 2011
    • 1 December 2011
    ...s 27(2). (93) Dart Industries Inc v Decor Corporation Pty Ltd (1993) 179 CLR 101. (94) Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25, 33-34 (Windeyer J); Warman International Ltd v Dwyer (1995) 182 CLR 544, 557, 565-8 (Mason CJ, Brennan, Deane, Dawson and Gaudron (95) Card......
  • WHITEWASHING AUSTRALIA'S HISTORY OF STIGMATISING TRADE MARKS AND COMMERCIAL IMAGERY.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 3, August 2019
    • 1 April 2019
    ...1995 (Cth) s 21. For earlier judicial treatment of the nature of property in a mark, see Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25, 34 (Windeyer J) ('Colbeam Palmer'), cited with approval in Campomar (n 7) 68 [48] (Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and ......
  • RIGHTS OF ASSIGNEES OF PENDING TRADE MARK APPLICATIONS
    • Singapore
    • Singapore Academy of Law Journal No. 1995, December 1995
    • 1 December 1995
    ...1 SLR 739. 9 The date of application for registration is the date on which the application is lodged at the Registry of Trade Marks. 10 (1968) 122 CLR 25. 11 2nd Ed, 1990, at p 301. 12 The Supreme Court Practice 1995 Vol 1, para 20/5-8/2. 13 [1979] FSR 130. See also Nicol v Barranger[1917-2......

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