Federal Court of Australia
CATCHWORDS
Practice and procedure - leave for an agent, not being a legally qualified practitioner, to appear on behalf of a
company - 0.4, r.14 Federal Court Rules - public interest and access to the Court.
Federal Court Rules 0.4, r.14; 0.9, r.1
Trade Practices Act 1974 ss.52, 75B, 82, 87 Lifts and Cranes Act 1967 (Vic.)
MOLNAR ENGINEERING PTY. LTD. Vv. THE HERALD & WEEKLY TIMES LTD. and E. J. BURNS
V. No. G.201 of 1982
Melbourne
Northrop J.
11 May 1984.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. G.201 of 1982 ) )
GENERAL DIVISION
BETWEEN:
MOLNAR ENGINEERING PTY. LTD. Applicant
and THE HERALD & WEEKLY TIMES LTD. and E. J. BURNS Respondents
COURT: Northrop J. DATE: 1l May 1984 PLACE: Melbourne
EX TEMPORE REASONS FOR JUDGMENT
This application was brought by Molnar Engineering Pty. Ltd. ("the Company"), a corporation duly incorporated in accordance with the laws of the State of South Australia. The company is seeking relief against The Herald & Weekly Times Ltd., the publisher of the Sun News Pictorial newspaper. The application 1s based on an advertisement published in October 1982 in the Sun News Pictorial by The Herald & Weekly Tames Ltd. in which Mr. E. J. SBurns,
Gescribing himself as the Chief Inspector of Lifts and
co
Cranes, brings to the attention of owners and users of the Molnar Two Post Motor Vehicle Hoists, and to the public generally, that those hoists do not comply with the Lifts and Cranes Act 1967 and Regulations made thereunder and that in his opinion those hoists are unsafe to be used, and requiriny the owners and users of those hoists to cease using the hoists immediately. The company claims that in publishing that advertisement The Herald & Weekly Times Ltd. engaged in conduct which was misleading or deceptive, or was likely to mislead or deceive, and thus was in contravention of s.52 Trade Practices Act 1974. The company is claiming damages against the publisher under s.82 of the Act and is seeking orders under s.87 of the Act requiring the publisher to publish further advertisements and to distribute letters to rectify the deceptive or misleading conduct alleged. The Herald & Weekly Times Ltd. 1s taking no part in the hearing
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