Document ID: chunk:federal_register_of_legislation:C2004C01235:clause:1_116d
Version: federal_register_of_legislation:C2004C01235
Segment Type: clause
Provision Reference: sch 1 cl 116D
Character Range: 49618–50340

116D  Remedies in actions under sections 116A, 116B and 116C

 (1) The relief that a court may grant in an action under section 116A, 116B or 116C includes an injunction (subject to such terms, if any, as the court thinks fit) and either damages or an account of profits.

 (2) If, in an action under section 116A, 116B or 116C, the court is satisfied that it is proper to do so, having regard to:
 (a) the flagrancy of the defendant's actions that are the subject of the action; and
 (b) any benefit shown to have accrued to the defendant as a result of those acts; and
 (c) any other relevant matters;
the court may, in assessing damages, award such additional damages as it considers appropriate in the circumstances.