Federal Court of Australia
. 2 SIS E2.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G 137 of 1982 GENERAL DIVISION ) BETWEEN WANDER LIMITED AND Applicant BARLOW GROUP LIMITED Respondent CORAM: SHEPPARD J. 23 August, 1982
REASONS FOR JUDGMENT
This is an application for interlocutory relief in which the applicant seeks to restrain the respondent from marketing a preparation known as Medifast. The causes of action upon which the applacant relies are breaches or threatened breaches of s.52 of the Trade Practices Act 1974 and passing off.
Woly The-apptreant 18 a company incorporated in Switzerland.
OO It 1s a member of a group of companies known as the Sandoz
Group which manufactures and markets pharmaceutical products
throughout the world. It has for some time marketed in . i Western Europe, but not ancluding the United Kingdom, a product
——_—___ _ known as Modifast which the-epblicens claims to be effective
oe
in the treatment of obesity. It 1s sold in a box con- I taining 15 packages, each in turn containing a powder a , woich 1s intended, when mixed with water, to replace meals.
Instead of partaking of his ordinary meals, the patient
consumes at meal times the contents of one of the packages.
Thus,—the-esurse of treatment continues over five days. The advantage of the applicant's product is said-to
be that 1t provides sufficient nutriment for the daily
requirements of the body combined with a very low calorie
intake. It is recommended that the product only be taken
upon the prescription or recommendation of a medical
practitioner, apparently because the-applivons recognises that aiéts of this kind may be harmful to some members OF
the community. ie Ww Recently the-apptteant has taken steps to begin market-
ing its product in Australia, but these steps are still in
their preliminary stages. It was necessary for the
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