Federal Court of Australia
a JUDGMENT No, 612.7 Su
CATCHWORDS
{TRADE PRACTICES - Misleading advertising - Application for orders for corrective advertising - Power of Court -
Principles upon which power should be exercised - Costs of
proceedings.
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 19 November 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL RSGisiay
ey ee ee ee
cate
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.504 of 1987 ) )
GENERAL DIVISION
CORAM:
PLACE:
DATE:
BETWEEN: HOSPITALS CONTRIBUTION FUND '
OF AUSTRALIA LIMITED
Applicant
AND: SWITZERLAND AUSTRALIA HEALTH FUND PTY LIMITED trading as "HEALTH AUSTRALIA"
Respondent
WILCOX J SYDNEY
19 NOVEMBER 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
The applicant publish a corrective advertisement in the following form, namely: "Announcement by HCF Hospitals Contribution Fund of Australia ('HCF') in 1ts recent advertising and promotion of its Health Insurance Benefits Scheme claimed that it provided the best value
health cover and that it paid higher benefits
Note:
on major health care items. Having regard to new contributions rates and levels of benefits which became available from another health
insurer in October, these claims are no longer
correct and are withdrawn by HCF."
The publication of the said advertisement to be in accordance with the schedule marked "B" to the Notice of Motion dated 16 November with the addendum of a paragraph (d) under the heading "Manner of publication", reading as follows:
"(d) Type in the body of the advertisement to
be 4 millimetres or ten points in size."
The wording under the heading "number of occasions", in the said schedule "B", be amended to read "commencing within seven days of these orders taking
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