Federal Court of Australia
' : JUDGMENT No. LOREM BTeaae
CATCHWORDS
TRADE PRACTICES - Advertisements for health insurance - Comparative advertising - Statements as to benefits offered by various funds ~ Accuracy of statements - Claims by respondent as to "best value" and "higher benefits" - Whether mere
puffing - Form of orders.
Trade Practices Act 1974 ss.52, 80.
NSW G.504 of 1987 HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED v_ SWITZERLAND
AUSTRALIA HEALTH FUND PTY LIMITED trading as "HEALTH AUSTRALIA"
Wilcox J Sydney 4 November 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.504 of 1987 ) )
GENERAL DIVISION
BETWEEN: HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED
Applicant/Cross-defendant
AND: SWITZERLAND AUSTRALIA HEALTH FUND PTY LIMITED trading as "HEALTH AUSTRALIA"
Respondent/Cross-claimant
CORAM: WILCOX J PLACE: SYDNEY DATE: 4 NOVEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The respondent, Switzerland Australia Health Fund Pty Limited trading as "Health Australia", its servants and agents be restrained from publishing or causing to be published any representation that the applicant, Hospitals Contribution Fund of Australia Limited, has the policy of reducing, or will in the future reduce, hospital accommodation benefits
payable to contributors of the applicant in respect
3.
of days after the expiration of 14 days from the commencement of hospitalisation without, in that same representation, clearly stating that the said policy does not, or that the said future action will not, apply to persons who are, or who will be, patients in
public hospitals.
The applicant, Hospitals Contribution Fund of
Australia Limited, its servants and agents be restrained from publishing or causing to be published
any representation that:
(1) the health insurance cover offered by the said applicant offers the best value health cover currently available in
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