Federal Court of Australia
CATCHVIORDS
Trade practices - misleading and deceptive conduct - reseller acquires
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representation within para. 53(d) of the Trade Practices Act - wheth
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ESTIVAL RECORDS PTY. LIMITED v. INTERNATIONAL DIFECT MARKETING PTY.
LIMITED
Gl6l1 of 1985
LOCKHART J.
28 NOVEMBER 1985
SYDNEY
ane be
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 1é1 of 1985 ) GENERAL DIVISION ) BETWEEN : FESTIVAL RECOPDS ETY. LIMITED Apolicant AND: INTERNATICNS DIRECT MARKETING PTY. LIMITED Respondent JUDGE MEFING GROER: LOCKHAPT 7. DATE OF ORDER: 22 NGVEMBER 1985 WHERE SPDER MADE: SYDNEY MINUTE OF ORDER THE COUPT SRDERS THAT: l. The application be dismissed with costs. 2. The applicant pay the costs of the respondent of the
application.
NOT
re
Settlement and entry of orders is dealt with in Order
us con] is)
a)
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 161 of 1985
) ) ) ) )
GSENEPAL DIVISION
BETWEEN : FESTIVAL RECORDS PTY. LIMITED Applicant AND: ENTERNATIONAL DOTRECT MARKETING
Pry. LIMITED
Respondent
REASONS FOR JUCGMENT
LOCKHART J.
IT propose to give judgment now as I have formed a firm view about the matter and have been assisted in taking this course by the succinct arauments of counsel. The case raises an interesting
question under s. 52 and para. 53(d) of the Trade Practices Act 1974,
("the Act").
The applicant. Festival Records Fty. Limited, manufactures sound recordings in Australia and sells them to various organisations, including retailers. under the name "Festival". Many of those sound recordings are manufactured and sold by the applicant under licence from local and overseas companies which own the copyright in the sound
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