Federal Court of Australia
CATCHWORDS
TRADE PRACTICES - Application for interlocutory injunction - Alleged misleading conduct - Statements made in first 1ssue of a magazine suggesting connection with another magazine - Whether statements were "a publication of matter in connection with the supply or possible supply of goods or services" ~ Exercise of Court's discretion - Significance of failure by respondents to object to misleading passages before binding of
the magazine - Costs.
Trade Practices Act 1974 ss.52, 65A.
Parkdale Custom Built Furniture Pty Limited v Puxu Pty Limited (1982) 149 CLR 191 referred to.
NSW G.47 of 1987
HORWITZ GRAHAME BOOKS PTY LIMITED v_ PERFORMANCE PUBLICATIONS PTY LIMITED & ORS
Wilcox J Sydney 18 February 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.47 of 1987 ) )
GENERAL DIVISION
BETWEEN: HORWITZ GRAHAME BOOKS PTY LIMITED
Applicant
AND: PERFORMANCE PUBLICATIONS PTY
First Respondent
MALCOLM FREDERICK DOUGLAS
Second Respondent
JOLYON EDWARD SYKES
Third Respondent JOHN VAN DAAL
Fourth Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 18 FEBRUARY 1987
MINUTES OF ORDER
THE COURT NOTES:
A. The undertaking given to the Court by their counsel on behalf of the respondents and each of them that they will not repeat orally or in writing any
statement:
(a) regarding the non-payment of purchase price by the applicant to DBS Publications or regarding any resultant
legal proceedings; and
(b) that any contract formerly entered into by any advertiser in relation to
advertising in "Street and Custom" is
void or unenforceable.
AND THE COURT ORDERS THAT:
1. The costs relating to this application, and to the application made on Monday 16 February 1987, as to
eighty per cent (80%) thereof only, be respondents'
costs in the principal proceeding.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
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