Federal Court of Australia
PRD SV/ItT4 se = ae f Vic Ni 'Ye
IN THE FRDPRAL COUNT OF AUSTPALTA ) NEW SOUTH VALES DISTRICT RuGTSPRY G.No.14 of 1979 GENTRAL DIVISICN a) BETWEEN: McDOMALD'S SYSTEM C7 AUSTRAT.T. PTY. LINTLED Applican
AND: McWTLUIAM'S WINES PTY. LIMITVD
First Respondent
AND: JOHN FAIRFAX AND SONS LTO D
Second Respondent
Coram: Freanki d.
Svaney
20 April 1979
REASOMS FOR JUDCMENT
FRANKI_J.:
This is an applicetion for interan relief under s.8d
of the Trade Practices Act 1974 ("the Act") scehkang to restrain
the first respondent from using the words "Big Mac". The applicant also sought to restrain John Fairfax and Sons Limited, the second respondent, from publishing any advertisement for the first respondent's wine incorporating the words "Big tac". At an early stage of the proceedings the applicant, because
of an arrangement it had reached with the second respondent,
no longer sought any interlocutery relief against it. The
application is based on an allegation of conduct in contravention
of s3.52(1) and 53(c) and (d) of the Act.
It is no longer necessary to set out in detail the general approach which this Court should make to interim relief in this case. The question of the proper approach
has been considered by the High Court in Hornsby Ruilding
ee.
Information Cenize Pty. Ltd. v. Sydney Building Information
ee en Med se er a ne
Centre Ltda. (1978) 18 A.L.R. 639, World Series Cricket Pty.
Ltd. v. Parish (1977) 16 A.L.R. 181, Commercial Panik of
Australia Ltd. v. Insurance Brokers Association of Australia
(1977) 16 A.L.R. 161, Weatmann v. Katies Ltd. (1977) 29
F.L.R. 335, United Telecasters Sydney Ltd. v. Pan Hotels
International Ltd. [7978] A.T.P.R. 40,085 and Elina Australie
Pty. Ltd. v. A.P, Harding & Co. Pty. Ltd. [1978] A.T.P.R. 40,096.
The proper approach to interlocutory injunctions in general has also been dealt with by the Full Court of this
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