Federal Court of Australia
CATCHWORDS
Trade Practices Act 1974 - misleading or deceptive conduct -
whether and to what extent the conduct of a manufacturer
should be guided by contemplated conduct of a retailer.
Trade Practices Act 1974 ss.52 and 80.
PTY. LTD.
VG No. 181 of 1983
' Smithers J.
' 4 November 1983
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG No. 181 of 1983
GENERAL DIVISION
EX TEMPORE JUDGMENT
Between: BRAMMAR APPLIANCES PTY. LTD.
(Applicant)
And: RANK ELECTRIC HOUSEWARES
PTY. LTD. (Respondent) 4 November 1983 REASONS FOR JUDGMENT HIS HONOUR: In this case I do not propose to grant any relief at this stage. Relief can only be given under
s.52 of the Trade Practices Act 1974 (the Act) where 1t is shown that conduct of a misleading and/or deceptive nature has been committed or if it ais
reasonably apprehended it will occur or occur again. In this case 1t is said the conduct was and is likely
to mislead members of the public and to some extent
potential customers of the applicant.
. The respondent is a trader in a large way in
ot -
electrical domestic and other electrical items, and so is the applicant. A large area of their trade overlaps. A large portion, something like 40 per cent of the respondent's products, are imported and
the other 60 per cent or thereabouts are Australian
made.
The respondent embarked upon a campaign to emphasise to the public the desirability of their buying its Australian made goods. It distributed publicity material which was capable of being used in a way in which the public might think that the respondent's products, not only Australian made but also imported articles, being displayed more or less together, would appear to the public to be Australian made. And of course on casual observance of the display of goods as proved for example at Grace Bros., the ordinary person would not know which were imported
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