Federal Court of Australia
Pd
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 163 of 1981 ) GENERAL DIVISION )
BUDGET RENT-A-CAR SYSTEM PTY. LIMITED
Applicant HERTZ PACIFIC LIMITED
Respondent
Coram: Fox J 15 September 1981
Melbourne.
EX _TEMPORE JUDGMENT
In this matter Northrop J last Friday, 11 September, granted ex parte injunctions on the application of the present applicant. The injunctions related to television advertisements concerning the Le Mans Service, which related to the hiring at airports of Hertz cars.
The ex parte injunction was to continue until 4.15 tomorrow, the 16th September, or further order. The injunction had three parts, which I need not set out. The party made respondent and against whom the injunctions were ordered was Hertz Pacific Limited. It now appears to be the fact that Hertz Pacific Limited is not directly connected with the advertisements in question and 1s probably mis-joined. However, at this stage the applicant makes no request to have that party dismissed; instead,
when this matter came on for hearing before me this after-
noon an order was sought and made by consent that Kay Rent-A-Car Pty. Limited be added as a respondent and it seems to be common ground that it is the appropriate respondent, which has responsibility for the advertise-
ments.
The injunction granted does not operate against Kay Rent-A-Car Pty. Limited and no application has been made that it should do so. However, argument has proceeded to some extent on the basis that that company may be in contempt of court, it being the company respon- sible for the advertisements; that it acted contrary to
the injunction against Hertz Pacific Limited, of which it
was well aware.
The application before me this afternoon is one made by Kay Rent-A-Car Pty. Limited and is an application to discharge the existing injunction. This, of course, is done on the basis I have mentioned, namely, that it is or may be affected by the operation of the injunction, although
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