Budget Rent A Car System Ltd v W.T.H. Pty Ltd [1987] FCA 746

?

- i" " JUDGMENT No. 146/21.

CATCHWORDS

TRADE PRACTICES - Section 52; misleading or deceptive conduct -

falsity of advertising.

Trade Practices Act, 1974: s. 52.

BUDGET RENT A CAR SYSTEM PTY. LIMITED v. W.T.H. PTY. LIMITED

G 376 of 1987

LOCKHART, WILCOX and EINFELD JJ. 24 NOVEMBER 1987

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 376 of 1987 )

GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : BUDGET RENT A CAR SYSTEM PTY. LIMITED — Appellant AND: W.T.H. PTY. LIMITED Respondent COURT: LOCKHART, WILCOX and EINFELD JJ. DATE ORDER MADE: 24 NOVEMBER 1987 WHERE MADE: SYDNEY MINUTE OF ORDER THE COURT ORDERS THAT: l. The appeal be allowed; 2. The orders of this Court at first instance be set aside; 3. The application be dismissed; 4. The respondent pay the appellant's costs of the proceedings, at first instance and of this appeal; 5. Liberty be reserved to the appellant to apply to a single

Judge of this Court in connection with the undertaking as to

damages given by the respondent on 14 April 1987.

NOTE: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. G 376 of 1987 ) GENERAL DIVISION )

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: BUDGET RENT A CAR SYSTEM PTY. LIMITED Appellant AND: W.T.H. PTY. LIMITED Respondent CORAM : LOCKHART, WILCOX and EINFELD JJ. DATE: 24 NOVEMBER 1987

REASONS FOR JUDGMENT

THE COURT:

This is an appeal from a decision of a single Judge of this Court on 23 July 1987 granting injunctive and other relief against the appellant ("Budget") in respect of the publication of an advertisement which appeared in its name on Television Channel 9 Sydney at 9.05 a.m. on Monday, 13 April 1987. The publication of the advertisement was said by the respondent ("Avis") to have constituted misleading or