Barrett Carpet Company Pty Ltd v No. 1 Raberem Pty Ltd & Ors [1987] FCA 186

a

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: Be mE IS

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TRADE PRACTICES - interlocutory injunction - carpet sale - carpets

advertised as salvaged from factory fire - substantial discount offered - not all products offered originated from factory fire - misleading impression in advertisement - public interest as factor

in balance of convenience.

BARRETT CARPET COMPANY PTY LTD v NO. 1 RABEREM PTY LTD, NO. 2

RABEREM PTY LTD AND NO. 3 RABEREM PTY LTD

WAG 43 OF 1987

FRENCH J. 16 April 1987

PERTH

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WAG 43 of 1987

BETWEEN: BARRETT CARPET COMPANY PTY LTD Applicant and No. 1 RABEREM PTY LID No. 2 RABEREM PTY LTD and No. 3 RABEREM PTY LTD Respondents MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 16 April 1987 WHERE MADE: PERTH THE COURT ORDERS THAT: UPON THE applicant's undertaking to pay to any party adversely affected by the interlocutory injunction such compensation (if

any) as the Court thinks just, 1n such manner as the Court

directs:-

1.

The respondents be and are hereby restrained by themselves the1r agents or servants until further order or the determination of this application from further publishing or causing to be published any advertisement 1n the form and with the text and layout of the advertisement published by them on page 14 of the Sunday

Times Newspaper of 5 April 1987.

2.

'the costs of this motion for interlocutory relief be reserved.

There be liberty to apply on 48 hours written notice.

Note: Settlement and entry of orders 1s dealt with in

Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT } OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY )

)

GENCRAL DIVISION NO. WAG 43 of 1987