Federal Court of Australia
lili le ee lee ik ed
7"
anes 1 tsa
. 27S
Trade Practices - application for interlocutory injunction under
s.52 Trade Practices Act 1974 - misleading or deceptive conduct -
whether respondent's advertising and promotional material inferred
criticism of applicant's product - no express reference to applicant's product - reference to chemicals contained in applicant's product - whether substantial damage likely to be caused to applicant - whether serious question to be tried - prospect of success of applicant's case - genuine attempt by
respondent to resolve issue.
Trade Practices Act 1974 $3.52,53
ICI AUSTRALTA OPERATIONS PTY. LIMITED v. TERONA NOMINEES PTY. LTD No. WA G58 of 1986
MUIRHEAD J. PERTH 17 JULY 1986
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA 058 of 1986
we ewe
BETWEEN:
ICI AUSTRALIA OPERATIONS PLY. LIMITED
Applicant and
TERONA NOMINEES PTY. LTD
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER: MUIRHEAD J. DATE _OF ORDER: 17 July 1986
WHERE MADE: Perth
THE COURT ORDERS THAT:
1. That the application be dismissed.
2. The applicant pay the respondent's costs of and incidental to
the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
oS Wr tee ee
So A ee
fanmee wr
foe ee ae
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G58 of 1986
wee ww
BETWEEN: ICI AUSTRALIA OPERATIONS PIY. LIMITED
Applicant and
TERONA NOMINEES PTY. LTD.
Respondent
CORAM: MUIRHEAD J.
17 July 1986
REASONS FOR JUDGMENT
The applicant carries on business throughout Australia as the manufacturer of chemical products. Amongst its products is ethylene glycol commonly used as a base component in motor vehicle radiator coolant and anti-freeze preparations. The applicant is the sole manufacturer of this chemical component in Australia. It is said to contain corrosion inhibitors and is sold to others who retail radiator coolants. The applicant does not market the product in its own name asa retailer but radiator coolants marketed by companies such as Ampol, BP, Caltex. Castrol, Esso,
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