Sabre Corporation Pty Ltd v Laboratories Pharm-A-Care Pty Ltd

Sabre Corporation Pty Ltd sought an interlocutory injunction against Laboratories Pharm-A-Care Pty Ltd to restrain it from marketing, distributing, selling, or offering for sale their hair care products in packaging similar to Joico products. The applicant argued that the packaging of the respondent's products was misleading or deceptive and passed off the products as having the same quality, characteristics, and level of satisfaction as Joico products. The court was required to determine whether there was a serious issue to be tried and whether the balance of convenience favoured the grant of an interlocutory injunction. The court found that the applicant's case lacked strength and that the balance of convenience did not favour the grant of an interlocutory injunction. The court dismissed the application for an interlocutory injunction. The court found that the packaging of the respondent's products was unlikely to be misleading or deceptive. The court considered the strength of the applicant's case and found that it was a factor that should be taken into account in considering the balance of convenience. The court found that the applicant had not established that the balance of convenience or the "balance of the risk of doing an injustice" lay in favour of a grant of interlocutory relief. The court dismissed the application for the grant of an interlocutory injunction.