Federal Court of Australia
SO
\ '
' "JUDGMENT No. (61/67.
CATCHWORDS
TRADE PRACTICES ~ Alleged misleading or deceptive conduct - Alleged false representation as to the approval of goods and of a corporation - Alleged passing off - Use of name in two advertisements for a video recorder corresponding with the name of the second respondent - Whether the advertisements
made any representation concerning the second respondent -
Assessment of damages.
Trade Practices Act 1974 ss.52, 53.
NSW G.309 of 1987 10TH CANTANAE PTY LIMITED & ORS v_SHOSHANA PTY LIMITED & ANOR
Wilcox, Pincus and Gummow Jd Sydney 25 November 1987
~
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.309 of 1987
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: 10TH CANTANAE PTY LIMITED, HEATHCLIFF GEORGE TEAL and CONCORD ADVERTISING & MARKETING PTY LIMITED
Appellants
AND: SHOSHANA PTY LIMITED and
SUE SMITH Respondents CORAM: WILCOX, PINCUS and GUMMOW JJ PLACE: SYDNEY DATE: 25 NOVEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. The appeal be allowed.
2. The orders made by Burchett J be set aside and, in lieu thereof, it be ordered that the Application be
dismissed with costs.
Pe a 2
wattle
Notes
The cross-appeal be dismissed.
The respondents pay to the appellants their costs of
the appeal.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
) ) ) No. NSW G.309 of 1987 ) )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT
OF AUSTRALIA
BETWEEN: lOTH CANTANAE PTY LIMITED, HEATHCLIFF GEORGE TEAL and CONCORD ADVERTISING & MARKETING PTY LIMITED Appellants AND: SHOSHANA PTY LIMITED and
SUE SMITH Respondents
CORAM: WILCOX, PINCUS and GUMMOW JJ
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