Federal Court of Australia
Catchwords
Trade Practices - television commercial referring to earlier rates and terms of hire published subsequent to price change -
misleading and deceptive conduct.
Trade Practices Act 1974 s.54
W.T.H. Pty Limited trading as Avis Australia v. Budget Rentacar System Pty. Limited trading as Budget Rent-A-Car.
G143 of 1987
Sweeney, J. Sydney 23 July, 1987
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IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G143 of 1987 ) )
GENERAL DIVISION
BETWEEN:
THE COURT
W.T.H. PTY. LIMITED trading as AVIS AUSTRALIA Applicant BUDGET RENTACAR SYSTEM PTY. LIMITED
trading as BUDGET RENT-A-CAR Respondent
THE COURT: Sweeney J.
PLACE : Sydney
DATE
: 23 July, 1987
MINUTE OR ORDER
ORDERS THAT: -
each
party be relieved from further compliance with its
undertaking given on 14 April 1987;
the respondent by itself its servants and agents he
restrained' from-
(a)
televising or otherwise publicizing an advertisement in the form of that exhibited as "DMV1" to the affidavit of Diane Mary Vandervalk sworn on 13th April, 1987 and filed herein so as to
represent that:
Note:
(b)
(c)
(d)
(1)
The rental rate under the applicant's "Super Saver" programme for a three week hire of a Holden Gemini class motor vehicle is more than
$29.00 per day;
{ii) A three week period of hire of that class of
vehicle under that programme is necesssary before a customer obtains a rental rate of
$29.00 per day or less.
The respondent pay the applicant's costs of these
proceedings, including any reserved costs
Liberty to apply to any Judge of the Court on two
days notice be reserved to each party
Exhibits be returned unless an appeal is lodged
within 21 days.
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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