Federal Court of Australia
CATCHWORDS
Trade Practices Act - case stated - misleading and deceptive conduct ~ publication of newspaper articles concerning pleasure cruise ~- whether publication of articles within trade and commerce - associated
jurisdiction - action for defamation
Trade Practices Act 1974 ss. 6, 52(1), 75B, 82
Federal Court Rules Order 29 r.2
AUSTRALIAN OCEAN LINE PTY. LTD. v. WEST AUSTRALIAN NEWSPAPERS LIMITED and WILLIAM ROSS HARVEY
No. WA Gl of 1983
Toohey J. Perth
19 April 1983
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) No. WA Gl of 1983 DISTRICT REGISTRY ) GENERAL DIVISION )
BETWEEN:
AUSTRALIAN OCEAN LINE PTY. LTD.
Applicant
and
WEST AUSTRALIAN NEWSPAPERS LIMITED
First Respondent
and WILLIAM ROSS HARVEY
Second Respondent
ORDER
JUDGE MAKING ORDER Toohey J.
DATE OF ORDER 19 April 1983
WHERE MADE : Perth THE COURT ORDERS: 1. The questions of Law reserved for the consideration
of the court be answered as follows :
(i) Does the statement of claim disclose any cause of action or triable issue under s.52 of the Trade Practices Act against the first respondent?
Answer: Yes
(ii)
(ii1)
(1v)
(v)
Was the conduct of the first respondent complained of in the statement of claim engaged in by the first respondent in trade or commerce within the meaning of s.52 of the Trade Practices Act?
Answer: Yes Was the conduct of the first respondent complained of in the statement of claim capable in law of being misleading or deceptive or likely to mislead or deceive within the meaning of s.52 of the Trade Practices Act?
Answer: Yes Does the statement of claim disclose any cause of action or triable issue under the Trade Practices Act against the second respondent?
Answer: Yes If the statement of claim does not disclose any cause of action or triable issue under s.52 of the Trade Practices Act or otherwise under that Act against the first and second respondent or either of them, does this Court have jurisdiction to hear and
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