Federal Court of Australia
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CATCHWORDS
TRADE PRACTICES - CONSUMER PROTECTION ~ MISLEADING OR DECEPTIVE CONDUCT ~ TRADE OR COMMERCE ~ ADVERTISEMENTS IN REFERENDUM CONCERNING BEEF MARKETING ~ INJUNCTION ~ TRADE PRACTICES ACT 1974 s. 52. (1) and s. 80 (1) (f)
FARMERS' UNION OF W.A. (CINC.) v. P.G. MACKIE. WESTRALIAN FARMERS CO-OPERATIVE AND WEST AUSTRALIAN NEWSPAPERS LTD,
W.A. No. G4 of 1977
SMITHERS, J.
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16th SEPTEMBER 1977
DECISION DELIVERED 16/9/1977 PERTH SMITHERS, J.
FARMERS! UNION OF W.A. CINC.) v. P.G. MACKIE AND ORS
ORAL JUDGMENT
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HIS HONOUR: This is an application under s. 80 of the Trade Practices Act 1974 under which the court may grant an injunction on the application of any person restraining a person from engaging in conduct that constitutes, or would constitute, a breach of Part V of the Act. Section 52 is in Part V. Section 52 (1) states that - NA corporation shall not, in trade or commerce,
engage in conduct that is misleading or deceptive or is likely to mislead or deceive."
In this case the misleading conduct is the publication, by two corporations who run businesses as newspaper publishers and are therefore engaged in that aspect of trade and commerce of advertisements to the effect of that set out on p.3 of the Farmer and Grazier of 1 September 1977 in the following terms -
"Beef producers! Acquisition costs producers
of local lamb135 cents/kg* Acquisition will cost
beef producers ? Avoid a compulsory middle man,
support question 2. (16 kg. red 2 - 18/8/77 after all
killing costs etc. paid )*. Inserted by 'the Small Farmers! Meat Lobby! ".
If that advertisement is misleading then the
newspapers have been guilty of publishing a misleading advertisement.
It was in trade and commerce not only in that it was published
by the newspapers in the course of their own trade and commerce, namely, the business of publishing mattersof interest to the public, but also the advertisement relates to steps in progress to
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