Federal Court of Australia
CATCHWORDS
CONSUMER PROTECTION - misrepresentation as to entitlement to carry on business and to supply particular qoods and services - application for interlocutory iniunction - whether respondent entitled under their contract with applicant to carry on business under a particular name - nature of contract - balance of
convenience.
Trade Practices Act 1974 ss, 6, 52, 53
RONALD JAMES DICKSON V DENNIS GALLAGHER & ANOR No. G.217 of 1984
CORAM: WILCOX J DATE: 27 JULY 1984
PLACE: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G.217 of 1984
GENERAL DIVISTON )
BETWEEN : RONALD JAMES DICKSON Applicant AND: DENNIS GALLAGHER & ANOR Respondents ORDERS CORAM: WILCOX J DATE: 27 JULY 1984 PLACE: SYDNEY
Upon the Applicant by its counsel qivina the usual undertaking as to damages I make the following orders: 1. Order until further order that the respondents and each of them by themselves their servants or agents shall not in trade and commerce advertise, promote, offer for sale or sell anv aoods, business, franchise or dealership or anv other business
known as or under the name "Mr Air Sweepers" or "Mister Air
Sweeper" or any other name which is substantially identical with or deceptively similar to the said names to the extent that such
conduct involves -
(a) the use of postal, teleqraphic or telephonic services or takes place in a radio or television broadcast or
(b) trade or commerce (1) amona the States,
(iil) within a Territory, between a State and Territory or between two Territories or
(iii) the supply of qoods or services to the Commonwealth or an authority or
instrumentalitv of the Ccmmonwealth.
2. Order until further order that the respondents and each of them by themselves their servants or agents shall not in trade and commerce engage in conduct which is likelv to mislead consumers into the belief that the respondents have riahts or are able to distribute machinery produced bv or derived from Mr Air Sweepers Inc., to the extent that such conduct involves -
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate