Global Sportsman Pty Ltd & anor v Mirror Newspapers Ltd & anor [1984] FCA 167

ues

CATCHWORDS

TRADE PRACTICES - misleading or deceptive conduct - whether

publication of statements including statements of opinions made in ordinary course of publication of news (not being advertising Material) can constitute misleading or deceptive conduct - publication of material constituting conduct for purposes of

sub-s. 52(1) of the Trade Practices Act 1974 - publication of

incorrect information constituting misleading or deceptive

conduct only if conduct contains or conveys a misrepresentation

- some articles of news more readily to be taken as statements

by newspaper than others - disadvantages of Stated Case

procedure.

Trade Practices Act 1974, s3. 4(2), B, 52(1), 53(e), 82, 84, 85(3), 87

Federal Court of Australia Act 1976, sub-s. 25(6)

GLOBAL SPORTSMAN PTY LTD and JEFFREY ROBERT THOMSON v. MIPROR NEWSPAPERS LIMITED and NATIONWIDE NEWS PTY LTD

(QLD G69 OF 1983)

BOWEN C.J. , LOCKHART & FITZGERALD JJ. BRISBANE 19 JUNE 1984

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G69 of 1983 GENERAL DIVISION )

BETWEEN :

GLOBAL SPORTSMAN PTY LTD and JEFFREY RORERT THOMSON

Applicants AND: MIRROR NEWSPAPERS LIMITED and NATIONWIDE NEWS PTY LTD kespondents ORDER JUDGES MAKING ORDER: BOWEN C.J., LOCKHART & FITZGERALD Jd. DATE OF ORDER: 19 JUNE 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Question

(1) Is a purchaser or a reader of a newspaper a "consumer" within the meaning of the Act in relation to those parts of a newspaper which are not advertising material?

Answer

Unnecessary to answer.

Question

(11) Can the publication of statements

including statements of opinion made in the ordinary course of the publication of news in those parts of a newspaper which are not advertising material constitute conduct which is misleading or deceptive or likely to mislead or deceive within the meaning of s.52 of the Act?