Trade Practices Commission v. Glo Juice Company Pty Ltd [1987] FCA 230

CATCHWORDS

TRADE PRACTICES - Consumer protection - Injunction under s.80 at sult of T.P.C. in respect of breaches of ss.52(1), 53(a) and 55 - Form of injunction - Whether wide form of injunction should be granted by reason of admitted conduct of a particular kind although its terms would embrace other possible conduct in which the respondent was at risk of being involved but which was (a) arguably not in breach of the Act; (b) not alleged in the Statement of Claim against the respondent - Representation as to strength of reconstituted orange juice made from concentrate - Principle that the consequences of a breach not previously established against or shown to be threatened by the respondent should not be converted to the penalties applicable to contempt of Court ~ Principle that contempt proceedings should not be the occasion for the determination of the question whether in fact a contravention of the Act has occurred - Discretion of the Court in respect of injunctions - Desirability of specifying the

conduct proscribed by an injunction.

Trade Practices Act, 1974 - ss.52(1), 53(a), 55, 80.

TRADE PRACTICES COMMISSION -V- GLO JUICE COMPANY PTY LIMITED

NSW G.6 of 1985

Burchett J. Sydney , 19 May 1987

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. 6 of 1985

wee

BETWEEN:

TRADE PRACTICES COMMISSION

Applicant

AND:

GLO JUICE COMPANY PTY LIMITED

Respondent

MINUTE OF ORDER OF THE COURT

Judge Making Order: Burchett J. Date of Order: 19 May 1987 Where Made: Sydney

THE COURT ORDERS THAT:

(a)

The matter be stood over to a date to be fixed to enable counsel to put any further submissions as to. the drafting of a proposed order in the following form and as to the date when it should come into effect:

THAT

The respondent be restrained from representing in trade or commerce that product labelled as or as containing orange fruit juice and supplied by it contains a certain percentage of the juice of oranges unless: