Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Astrazeneca Pty Limited v GlaxoSmithKline Australia Pty Limited [2006] FCAFC 22 TRADE PRACTICES – whether conduct directed at a defined section of the community is misleading or deceptive or likely to mislead or deceive – drug company promotional material directed to general practitioners Trade Practices Act 1974 (Cth) s 52(1) Federal Court of Australia Act 1976 (Cth) s 24(1) Medical Benefits Fund of Australia Limited v Cassidy (2004) 205 ALR 402 Fox v Percy (2003) 214 CLR 118 CSR Limited v Della Maddalena [2006] HCA 1 Minister for Immigration & Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Taco Company of Australia Inc v Taco Bell Pty Limited (1982) 42 ALR 177 Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 Annand & Thompson Pty Limited v Trade Practices Commission (1979) 25 ALR 91 Johnson Tiles Pty Limited v Esso Australia Limited (2000) 104 FCR 564 ASTRAZENECA PTY LIMITED v GLAXOSMITHKLINE AUSTRALIA PTY LIMITED NSD 2426 OF 2005 WILCOX, BENNETT AND GRAHAM JJ 8 MARCH 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2426 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ASTRAZENECA PTY LIMITED
ACN 009 682 311
APPELLANT
AND: GLAXOSMITHKLINE AUSTRALIA PTY LIMITED
ACN 100 162 481
RESPONDENT
JUDGES: WILCOX, BENNETT AND GRAHAM JJ
DATE OF ORDER: 8 MARCH 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The Appellant pay the Respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2426 OF 2005
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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