Federal Court of Australia
; Syd Ry
Trade Practices - misleading and deceptive conduct -
advertisements by respondent concerning share of newspaper real estate advertising - application for interlocutory injunction -
whether evidence establishes a serious question to be tried - balance of convenience - effect of difficulty in quantifying
damages for which applicant gives undertaking
Trade Practices Act 1974 ss.52 and 55
Western Mail Limited v. West Australian Newspapers Ltd. No. WA G87 of 1985
TOOHEY J.
PERTH 2 OCTOBER 1985
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IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA
DISTRICT REGISTRY GENERAL DIVISION
No. WA G87 of 1985
BETWEEN:
WESTERN MAIL LIMITED Applicant
and
WEST AUSTRALIAN NEWSPAPERS LID.
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 2 October 1985 WHERE MADE: Perth
THE COURT ORDERS THAT:
1. The applicant's motion for an interlocutory injunction filed
on 27 September 1985 be dismissed.
2. The costs of the motion be reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G87 of 1985
we wrvw
BETWEEN:
WESTERN MAIL LIMITED Applicant
and
WEST AUSTRALIAN NEWSPAPERS ETD.
Respondent
CORAM; TOOHEY J.
2 October 1985
REASONS FOR JUDGMENT
The applicant seeks an interlocutory injunction restraining the respondent from publishing an advertisement which appeared in the respondent's newspaper on 18 September 1985 and from publishing a similar advertisement that appeared in its
newspaper on 24 September or any like advertisements.
The applicant publishes The Western Mail, a weekly newspaper that begins distribution on Friday afternoon but which is mainly distributed during Saturday. The respondent publishes The West Australian, a newspaper published each day of the week other than Sunday. Both newspapers are distributed throughout Western Australia and other parts of Australia. Both contain
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