Mundine, Tony v. Layton Talyor Promotions Pty Ltd [1981] FCA 47

os

CATCHWORDS

Trade Practices Law - Injunctions - False and misleading statements - whether promotion of boxing match misleading and deceptive - whether appropriate to grant immediate

relief final in character - power to make mandatory order

for advertisements

The Trade Practices Act, ss.52, 80, 80A.

TONY MUNDINE V. LAYTON TAYLOR PROMOTIONS PTY. LIMITED

No. N.S.W. G.25 of 1981

CORAM : ELLICOTT J.

27 March 1981

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 25 of 1981 ) )

GENERAL DIVISION

BETWEEN: TONY MUNDINE

Applicant

AND LAYTON TAYLOR PROMOTIONS PTY. LIMITED

Respondent ORDER JUDGE MAKING ORDER: ELLICOTT J. DATE OF ORDER: 27 MARCH 1981 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. On the applicant giving the usual undertaking as to damages (1) That the respondent by itself, its servants

and agents, be restrained from holding or

promoting a boxing match presently scheduled

to be held at Brisbane Festival Hall on

Monday, 30 March 1981, unless:

(a) The respondent causes an announcement to be made to all persons attending the

said boxing match in the following terms:-

(ii)

(b)

2.

"This match has obviously been

wrongfully advertised as the Heavyweight Championship of Australia. The reigning heavyweight champion of Australia is

Tony Mundine, and he 1s not participating and was not invited to participate in this boxing match. Tony Mundine has informed the promoters that he will be delighted to defend his title against whoever wins this boxing match. The promoters recognise

Mr Mundine as the reigning Australian professional heavyweight champion and apologise to him for describing this match