Federal Court of Australia
s ad Rev
° #I be CATCHWORDS
Trade Practices - misleading or deceptive conduct - application for anterlocutory iuniunction - respondent enaaged in comparative advertising - obligation to ersure accuracy - whether serious
question fo be tried as to whether advertising misleading or
deceptive - consideration of balance of convenience
Trade Fractices Act 1974 ss.52, 80
ARLINGTON NOMINEES PTY. LTD. v. DOWN UNDER EXHAUSTS PTY. LTD.
e
No. WA G10 of 1986
TOOHEY J.
PERTH 26 FEBRUARY 1986
IN THE CEDEPAL COURT } uF AUSTRALTA , WESTERN AUSTRALIA ) No. WA Fi of 1346 , )
tu om (Ts
DISTRICT PEGISTRY GENERAL DIVISION
BETWEEN :
ARLINGTON NOMINESS PT'
TD.
Applicant and
OGWN UNDER EXHAUSTS PTY. LTD.
Respondent MINUTE OF ORDER JUDGE MAKING ORDER: TOOHEY J. DATE OF ORDER: 26 February 1986 WHERE MADE: Perth THE COURT ORDERS THAT: 1. The respondent be restrained and an injunction is hereby
granted restraining the respondent, its servants or agents until trial of this action or further order from publishing or causing to be published whether by the medium of television, radio, newspapers, periodicals, posters, brochures, pamphlets or otherwise any statement purporting to qagive a comparison of the cost of complete exhaust systems or muiflers which 1s in the form of annexure A to the affidavit of Raymond Della-Polina sworn 17 February 1986 and filed herein or in a like form and which fails to state accurately
the cost of the product of the applicant and any differences
' : 2. in the preducts of che applicant and the respondent and whether fretting or extras are included in the applicant so and the respondent s prices.
Z. The costs of the hearing of the application for interlocutory relief be reserved. Note: Settlement and entrv of orders is dealt with in Order 36 of the Federal Court Rules.
they at" 7
amt ' ' ' * . - -
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate