Federal Court of Australia
215 CATCHWORDS
Trade Practices - misleading or deceptive conduct - false representation - application for anjunctions to restrain publication, distribution or other use for advertising purposes of a certain "brochure" or "folder" and to require recovery of all such folders from those to whom sent - interpretation of certain words therein - relevant section of the public said to be
informed group.
Trade Practices Act 1974 ss.52, 53(d) and 80.
PARKVIEW (KEPPELL) PTY, LTD. v. MYTARC PTY. LIMITED
No. Qid. G83 of 1984.
31 August 1984
McGregor J.
Brisbane
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. QLD G83 of 1984 ) GENERAL DIVISION )
BETWEEN PARKVIEW (KEPPELL) PTY. LTD.
Applicant
MYTARC PTY. LIMITED
Respondent
Judge Making Order: McGregor J.
Date of Order : 31 August 1984
Where Made: 3 Sydney
ORDER
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicant is to pay the respondent's costs.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. QLD G83 of 1984 ) GENERAL DIVISION )
BETWEEN "* PARKVIEW (KEPPELL) PTY. LTD.
Applicant AND
MYTARC PTY. LIMITED Respondent
McGregor J. Date: 31 August 1984
REASONS FOR JUDGMENT
On 2 August 1984 PARKVIEW (KEPPELL) PTY. LTD. (Parkview) pursuant to s.80 of the Trade Practices Act 1974 (the Act) sought
an injunction and certain ancilliary orders against MYTARC PTY. LIMITED (Mytarc) for alleged contraventions by the latter of s.52
and s.53(d) of the Act. Those sections provide -
"52. (1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
(2) Nothing 1n the succeeding provisions of this Division shall be taken as limiting by implication the generality of sub-section (1).
53. A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services -
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