Federal Court of Australia
Practice and procedure - Discovery and inspection - Trade practices - Misleading or deceptive conduct - Sale of garden hose - Similarity between hoses offered for sale by applicant and respondent Whether disclosure of identity of manufacturer of respondent's hose will be compelled - Whether disclosure of identity of distributor of respondent's hose will be compelled.
Trade Practices Act 1974 - 3.5211)
Parkdale Custom Burit Furniture Pty. Ltd. v. Puxu Pty. Leda. (1982) 149 C.L.R. 191
Norwicn Fharmacal Co. v. Justoms and Excise Commissioners £19743 A.C. 133
Yorke v. Lucas 11955) 651 A.L.R. 307
it
NYLEX CSRFORATION LIMITED v. SABCO LIMITED
No. VG 331 rf 1986
Jenkinson J. 22 October, 1386 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY » VG NO. 331 of 1986 GENERAL DIVISION }
BETWEEN: NYLEX CORPORATION LIMITED
Applicant
AND: SABCO LIMITED
Respondent
CORAM: Jenkinson J. PLACE Melbourne DATE: 22 October, 1986
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The motion of which notice was filed the 17th day of
September 1986 be adjourned to a date to be fixed by either party on reasonable notice to the other party.
2. Each party's costs of the motion to and including this day be reserved.
(Settlement and entry of orders is dealt with in 0.36 of the Rules of Court.)
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) VG NO. 331 of 13586 GENERAL DIVISION
BETWEEN: NYLEX CORPORATION LIMITED
Applicant AND: SABCO LIMITED
Respondent
CORAM: Jenkinson J. PLACE: Melbourne DATE: 22 October, 1986
REASONS FOR JUDGMENT
Applicant's interlocutory motion in the proceeding for orders that the respondent discover and produce for the applicant's inspection documents which disclose the identities of persons concerned in the manufacturing or in the distribution to
consumers of garden hose of a particular description.
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