Annand & Thompson Pty Ltd v. Trade Practices Commission [1979] FCA 62

CATCHWORDS

Trade Practices - Appeal - Whether use of "new! misleading or deceptive in relation to motor vehicles not of recent manufacture - Whether affirmative disclosure order

appropriate ~ Principles on appeal —- Costs

Trade Practices Act 1974, ss.52 and 80A.

Federal Court of Australia Act 1976, s.27

ANNAND & THOMPSON PTY, LTD. v, TRADE PRACTICES COMMISSION

G. No. 24 of 1978 Coram: Franki, Northrop and Fisher JJ.

Sydney

29 June 1979

PT gp pe ee ee wee eee oe ee wee i a ty eee

EE RS eee ewer ners myer ee ate tr

ed IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION G. No. 24 of 1978 QUEENSLAND DISTRICT REGISTRY

' ; i i

BETWEEN : ANNAND & THOMPSON PTY. LTD.

Appellant AND : TRADE PRACTICES COMMISSION

Respondent

Coram: Franki, Northrop and Fisher JJ.

29 June 1979

O R D ER

JUDGES MAKING ORDER: Franki, Northrop and Fisher JJ.

DATE OF ORDER : 29 June 1979

WHERE MADE : Sydney

THE COURT ORDERS THAT:

1. The appeal is allowed in part.

2. Orders 4 and 5 of the orders entered on 10 October

1978 are set aside. 3. The respondent pay the appellant's costs before

the trial judge in relation to the application

for orders under ss.80A and 83.

4, Each party pay its own costs of this appeal.

TOR MeO EE OTE REM IY Te a te nt

SEER SHES et cer ragtom em erent se — we eg eTET EL AEIETIE eR Ew eee eee

7 oe

<,

LN THE FEDERAL COURT OF AUSTRALIA)

GENERAL DIVISION G. No. 24 of 1978 QUEENSLAND DISTRICT REGISTRY ) BETWEEN : ANNAND & THOMPSON PTY. LTD. Appellant AND : TRADE PRACTICES COMMTSSTON Respondent

Coram: FRANKI, NORTHROP & FISIIER JJ.

29 June 1979 REASONS FOR JUDGMENT FRANKI Jd:

Proceedings were brought by the Trade Practices Commission ("the respondent") before a single judge of this Court against Annand and Thompson Pty. Ltd. ("the appellant") in which it was alleged that the appellant

had contravened s.52 of the Trade Practices Act 1974,