Federal Court of Australia
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NOT INTENDED FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G61 of 1985 _
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BETWEEN: On
CALSIL LIMITED \
Applicant
and
FERALD PTY. LIMITED -\"
Re
CORAM: TOOHEY J.
12 July 1985
EX TEMPORE REASONS FOR JUDGMENT
The motion before the court raises some quite important and difficult questions, but 1t is necessary that I dispose of the Matter now, at least for the purposes of any interim relief that
may be granted to the applicant.
I should say at once that I am satisfied from the Material before me that the applicant has made out a prima facie case of a contravention of 5.52 of the Trade Practices Act 1974. On the basis of current authorities, it is perhaps unnecessary for me to go that far, and it 15 enough for me to say that the material furnished by the applicant has raised a serious question to be tried. However, I go further than that because the whole tenor of the video is that the problems encountered with the house
at Wanneroo featured in the video were due, if not wholly at least
2.
substantially, to the use of sand lime bricks. That appears more than once in the transcript of the commentary accompanying the
video, in particular the commentary in respect of 30 May 1985 and
4 June 1985,
There is sufficient in the material furnished through Mr. Schaffer to show that the applicant is the principal manufacturer of calcium silicate bricks in this state. Indeed there is a positive statement by Mr. Schaffer that the bricks shown in the video are bricks produced by his company, although that would not of itself be enough because what he may be able to identify through his own particular knowledge is not something which the public would necessarily identify. Hut the fact that the applicant is the principal manufacturer of calcium silicate bricks in this State is, I think, enough to show that there is a reasonable likelihood that anyone seeing the video would identify the bricks in question with bricks produced by or bricks similar
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