Brock, P. & Ors v Terrace Times Pty Ltd [1982] FCA 9

CATCHWORDS Trade Practices - Consumer protection - misleading or deceptive conduct - whether publication and sale of book of certain

dimensions and alleged get-up deceptive.

Trade Practices Act 1974 s.52

'

PAULA BROCK, ALISON LEWIS, DIANA HANCOCK, INVESTIGATOR PRESS PTY.

LIMITED v. THE TERRACE TIMES PTY. LIMITED.

No. G.83 of 1981.

Bowen C.J., Franki and Davies JJ.

10 February 1982

SYDNEY.

&

IN THE FEDERAL COURT OF AUSTRALIA)

NEW SOUTH WALES DISTRICT REGISTRY) NO. G83 of 1981

GENERAL DIVISION )

ON APPEAL from a single Judge of the Federal Court of Australia

BETWEEN: PAULA BROCK ALISON LEWIS DIANA HANCOCK INVESTIGATOR PRESS PTY.

LIMITED Appellants AND: THE TERRACE TIMES PTY. LIMITED Respondent. ORDER JUDGES MAKING ORDER: Bowen C.J., Franki and Davies JJ. DATE OF ORDER: 10 February 1982 WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the trial Judge of 25 June 1981 be set aside. 3. The respondent pay to the appellants their costs of

this appeal and of the proceedings below.

IN THE FEDERAL COURT OF AUSTRALIA)

NEW SOUTH WALES DISTRICT REGISTRY) NO. G83 of 1981

GENERAL DIVISION )

ON APPEAL from a single Judge of the Federal Court of Australia

BETWEEN: PAULA BROCK ALISON LEWIS DIANA HANCOCK INVESTIGATOR PRESS PTY. LIMITED

Appellants

AND: THE TERRACE TIMES PTY. LIMITED

Respondent.

CORAM: Bowen C.J., Franki and Davies JJ.

10 February 1981.

REASONS FOR JUDGMENT

Bowen C.J. and Franki Jd.

This is an appeal from the judgment of a Judge of this Court wherein he made orders under s.80 of the Trade Practices Act 1974 ("the Act"). The orders were based on a finding that the appellants engaged in conduct within s.52 of the Act in trade or commerce that was misleading or deceptive or was likely to

mislead or deceive. The following orders were made:

"1. The respondents, Paula Brock, Alison Bothwell Lewis, Diana Hancock, Investigator Press Pty. Limited, and each of them by themselves and their servants