Trade Practices Commission v C.G. Smith Pty Ltd & Ors [1978] FCA 6

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CATCHWORDS

Procedure - Application to be discharged from undertaking

to Court - Counsel's authority to give undertaking. Trade

Practices Act 1974.

TRADE PRACTICES COMMISSION v. C.G. SMITH PTY. LIMITED, IAN FAIRWEATHER and ROGER GREGORY MATSON (also known as R. Gilbert)

No. G44 of 1977 Coram: Bowen C.J.

Sydney

17th February 1978

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G44 of 1977

) GENERAL DIVISION ) °

IN THE MATTER of the Trade Practices Act 1974

BETWEEN: TRADE PRACTICES COMMISSION Applicant

AND: C.G. SMITH PTY. LIMITED

First Respondent IAN FAIRWEATHER Second Respondent

ROGER GREGORY MATSON (also known as R. Gilbert)

Third Respondent

ORDERS

JUDGE MAKING CRDER: Bowen C.J. DATE OF ORDER: 17th February 1978

WHERE MADE: Sydney THE COURT ORDERS THAT:

1. Application dismissed with costs.

Wereraccemrsperns ee nee ee ee er mete en rent er ret en nnn nner men ey a eee mi

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G44 of 1977

GENERAL DIVISION

IN THE MATTER of the Trade Practices

Act 1974 BETWEEN : TRADE PRACTICES COMMISSION Applicant AND: C.G. SMITH PTY. LIMITED

First Respondent IAN FAIRWEATHER Second Respondent

ROGER GREGORY MATSON (also known as R. Gilbert)

Third Respondent

CORAM: Bowen C.J.

17th February, 1978

JUDGMENT

This is an application by Ian Fairweather to be released from an undertaking given to the Court on 21st July 1977 in proceedings commenced by order nisi by the Trade Practices Commission ("the Commission") against C.G. Smith Pty. Limited ("the Company"), Ian Fairweather and Roger Gregory Matson. The Commission sought injunctions to restrain the Company from engaging in trade or commerce in the conduct of advertising interests in land in a manner which was alleged to be misleading and an injunction to restrain Mr. Fairweather