Federal Court of Australia
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CATCHWORDS
| Otte
Trade Practices Act 1974 (Cth.) s.52
misleading and deceptive conduct - false claims that advertisements had been commissioned - that children's colouring in booklets had official and professional sponsorship - respondent said to be responsible - circumstantial evidence - failure
to call evidence ~ inferences therefrom.
TRADE PRACTICES COMMISSION v. JOHN VICTOR SPARROW
McGREGOR J. 11 DECEMBER 1981
AT SYDNEY
No.G.26 of 1981
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 26 of 1981
GENERAL DIVISION
TRADE PRACTICES COMMISSION
Applicants
JOHN VICTOR SPARROW
Respondent
REASONS FOR JUDGMENT
ll December 1981 McGREGOR J.
This is an application by TRADE PRACTICES COMMISSION
(Cowmission) for certain relief pursuant to the Trade Practices Act
1974 (the Act) ss.52,80 and 80A against JOHN VICTOR SPARROW
(Respondent).
Section 52 states -
"(1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
(2) Nothing in the succeeding provisions of this Division shall be taken as limiting by implication the generality of sub-section (1)."
Section 80 states —
"(1) The Court may, on the application of -
(a) eeee (b) the Commission; or
(c) «we.
grant an injunction restraining a person
from engaging in conduct that constitutes or would constitute -
(d) a contravention of a provision of Part 1V or V;
(e) attempting to contravene such a provision;
(£) aiding, abetting, counselling or procuring a person to contravene such a provision;
(gq) .a0.
(h) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
(3) eee
(1A) A person other than the Minister or the Commission is not entitled to make an application under sub-section (1) for an injunction by* reason that a person has contravened or attempted to contravene or is proposing to contravene, or has been or is proposing to be involved in a contravention of, section 50.
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