Federal Court of Australia
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CATCHWORDS
Trade Practices - Misleading and deceptive conduct -— production of books similar in content, size, shape and
get-up - whether deliberate copying relevant - injunction.
Trade Practices Act 1974 ss. 52, 80.
THE TERRACE TIMES PTY. LIMITED v. PAULA BROCK, ALISON LEWIS DIANA HANCOCK, . INVESTIGATOR PRESS PTY.LIMITED AXIOM BOOKS PTY. LIMITED and KINGFISHER BOOKS PTY. LIMITED
No. G54 of 1981
Coram: McGregor J.
Sydney
25 June 1981
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 54 of 1981
GENERAL DIVISION
BETWEEN : THE TERRACE TIMES PTY. LIMITED Applicant AND : PAULA BROCK, ALISON LEWIS,
DIANA HANCOCK, INVESTIGATOR PRESS PTY. LIMITED, AXIOM BOOKS PTY. LIMITED and
Respondents ORDER JUDGE MAKING ORDER: McGregor J. DATE OF ORDER: Thursday 25 June 1981 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The respondents, Paula Brock, Alison Bothwell Lewis,
Diana Hancock, Investigator Press Pty. Limited, and each of them by themselves
and their servants and agents be restrained from printing, publishing, distributing, selling, offering for sale, promoting, displaying or advertising a book entitled "Heritage Recipes, Book One, Historic Eating Houses of Adelaide" by Paula Brock, Diana Hancock and Alison Lewis.
2. Except for the costs of the hearing on 20 May 1981, the respondents are to pay the applicant's costs.
3. The applicant 1s to pay the respondents! costs of the proceedings on 20 May 1981.
4. Liberty to apply to either party on two days! notice in respect of enquiry as to damages and parties to be bound by these orders.
REASONS FOR _ JUDGMENT
THE TERRACE TIMES PTY. LIMITED (Applicant) is the publisher
of a series of books each entitled "The Terrace Times (Minimum effort Maximum effect) Cook Book". There are already in existence six such books, four of which in title refer to Sydney or some area in Sydney and one to Melbourne; another is sub-titled "Looking at Cooking". According to uncontradicted evidence of Helen Arbib, the publisher and
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