Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 1)

The case of Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 1) involved a dispute between two companies, the Australian Company and the ACPA. The Australian Company alleged that the ACPA had infringed its trademarks and engaged in passing off, misleading and deceptive conduct by using the word "ANCHORAGE" in its business. The ACPA admitted to being a subsidiary of the US Company and had been using its name to promote its business. The Australian Company sought various remedies, including injunctions, delivery up, damages or an account of profits, and declarations. The court was required to decide several legal issues, including whether the Australian Company should have leave to amend its statement of claim to include claims for damage to goodwill, lost profits, and the loss of a chance of making profits. The court also had to decide whether to grant discovery to the parties and whether the issue of liability should be determined before the issue of quantum. In its reasoning, the court held that the Australian Company should have leave to amend its statement of claim to include the claims for damage to goodwill particularised in particular (a) but not the claims for lost profits or the loss of a chance of making profits. The court also held that it was appropriate to separate the issue of liability from quantum by requiring the Australian Company to prove some loss was caused to it by the conduct alleged but without prejudice to its right to supplement its proven losses with further evidence at the quantum hearing. The court further held that discovery should be stood over generally, but in some cases where it was unfair to require evidence to be put on before discovery takes place, discovery may be ordered. Finally, the court ordered that there be tried separately and in advance all questions apart from relief. The court's final orders included granting leave to the applicant to file an amended statement of claim, directing the applicant to file and serve the amended statement of claim within 7 days, standing over generally the applicant's and the first respondent's applications for discovery, directing that there be tried separately and in advance all questions apart from relief, standing the matter over for further directions, and making no order as to costs.