Federal Court of Australia
Q41- SS
NOTE: - NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
(AEW) IN THE FEDERAL COURT OF AUSTPALIA ) ) VICTORIA DISTRICT REGISTRY ) NO. VG 117 OF 1985 ) GENERAL DIVISION ) BETWEEN : BUDGET RENT A CAR SYSTEM PTY LIMITED Applicant and ALLEN DEWHIRST, KAY RENT-A-CAR PTY LIMITED and TRANS AUSTRALIA AIRLINES Respondents MINUTES OF ORDER COURT: Woodward J. DATE: 23 May 1985 PLACE: Melbourne THE COURT ORDERS THAT: 1. The first and second respondents be restrained from
making representations or causing to be made representations to the public whether by way of advertising, the circulation and distribution of
magazines pamphlets or any other document or by way of
oral or any written statements, and the first respondent
from causing to be made such representations, in the terms .or to the effect that the second respondent has
established itself as the leader in the rental car
market for luxury cars.
The first and second respondents pay the applicant's
costs of the action.
(Settlement and entry of orders is dealt with by 0.36 of the
Federal Court Rules).
NOTE: - NOT APPROPRIATE FOR REPORTING OR FOR GENERAL CIRCULATION
(AEW) IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) NO. VG 117 OF 1985 ) GENERAL DIVISION ) BETWEEN : BUDGET RENT A CAR SYSTEM PTY LIMITED Applicant and ALLEN DEWHIRST, KAY FENT-A-CAR PTY LIMITED and TRANS AUSTRALIA ATRLINES Respondents COURT: Woodward J. DATE: 23 May 1985 PLACE: Melbourne
EX-TEMPORE JUDGMENT
In this matter I have reached a firm view and I propose
to deliver judgment now.
The claim is one for an interlocutory injunction to restrain what is alleged to be a breach of s.52 of the Trade Practices Act 1974. The parties are agreed that this hearing should be treated as the trial of the action, since all relevant facts are before me. The matter arises in the field of car rentals, which has already seen a number of similar actions instituted and contested. In this particular case the Hertz
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