Berrigan, Peter v Central Coast Leagues Club Ltd [1981] FCA 172

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CATCHWORDS

Trade Practices - former Australian Junior Welterweight Champion announces retirement from ring - applicant subsequently recognised as champion by Australian Boxing Federation - whether Australian Boxing Federation a body determinative of boxing champions and boxers' ratings in Australia - respondent advertised forthcoming bout between former champion and another as Australian Junior Welterweight title and describing the former champion as the current titleholder - whether such advertising misleading or deceptive under s. 52.

Trade Practices Act (Cth. ) 1974 s. 52

PETER BERRIGAN Applicant AND CENTRAL COAST LEAGUES CLUB LIMITED Respondent

LOCKHART J. NO. G 57 OF 1981 26 MAY 1981

AT SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 57 of 1981 ) )

GENERAL DIVISION

IN THE MATTER OF THE TRADE PRACTICES ACT 1974

BETWEEN: PETER BERRIGAN Applicant AND: CENTRAL COAST LEAGUES CLUB CIMITTED Respondent ORDERS JUDGE MAKING ORDERS: LOCKHART J. WHERE MADE: AT SYDNEY DATE OF ORDERS: 26 MAY 1981

THE COURT ORDERS THAT:

1. The respondent, Central Coast Leagues Club Limited, by itself, its servants and agents be restrained from holding or further promoting a boxing match presently scheduled to be held at Gosford on Wednesday, 27 May 1981, unless the respondent causes an announcement to be made to all persons attending the said boxing match in the following terms:

"This match has been wrongly advertised

as the Australian Junior Welterweight

Title. The Australian Boxing Federation

recognises Peter Berrigan as the

Australian Junior Welterweight Champion.

He 1s not participating and was not

invited to participate in this boxing match."

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2. The respondent by itself, its servants and agents be restrained from advertising, promoting or describing the

fight to be conducted at its premises on Wednesday, 27 May