Federal Court of Australia
@
"" SUDGMENT No. XT 7 V7.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.504 of 1987 ) )
GENERAL DIVISION
CORAM:
PLACE:
DATE:
THE COURT ORDERS THAT:
BETWEEN: HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED
Applicant
AND: SWITZERLAND AUSTRALIA HEALTH FUND PTY LIMITED trading as "HEALTH AUSTRALIA"
Respondent
WILCOX J SYDNEY
12 NOVEMBER 1987
MINUTES OF ORDER
1.
The operation of Order 2 made on 4 November 1987 be varied so as to suspend its operation in respect of television and radio advertising until Sunday 15 November 1987 and so as to suspend its operation in respect of the distribution of brochures in the form of Exhibit M in this proceeding until the hearing of
the appeal or until further order of the Court.
2. Liberty be granted to either party to apply in
relation to Order 1 herein on two days' notice.
3. Leave be granted to either party to apply by Notice of Motion returnable at 10.15 am on Thursday 19 November 1987 in respect of corrective advertising. Any such Notice of Motion, specifying the precise orders sought is to be filed and served by 1 pm on
Monday 16 November 1987.
4. All questions of costs be stood over to Thursday 19
November 1987.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
NOT FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW G.504 of 1987
GENERAL DIVISION
BETWEEN: HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED
Applicant
AND: SWITZERLAND AUSTRALIA HEALTH FUND PTY LIMITED trading as "HEALTH AUSTRALIA"
Respondent
CORAM: WILCOX J PLACE: SYDNEY DATE: 12 NOVEMBER 1987
EXTEMPORE REASONS FOR JUDGMENT
The motion before the Court is for an order that Order 2 made by me on 4 November 1987 be unconditionally stayed pending the outcome of the appeal lodged by the applicant, Hospitals Contribution Fund of Australia Limited,
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