Federal Court of Australia
JUDGMENT No. 7657 8
CATCHWORDS TRADE PRACTICES - Health insurers - comparative advertising - whether advertising misleading or deceptive - whether appellant
should publish correcting advertisement.
Trade Practices Act 1974 $,52
Parkdale Custom Furniture Pty. Ltd. v. Puxu Pty. Ltd. (1992) 149 CLR 191
Global Sportsman Pty.Ltd. v. Mirror Newspapers Ptv. Ltd. /1984) 2. FCR 82
Janssen Pharmaceutical Ptv. Ltd. v. Pficer Pty. Ltd. (1982) ATPR 40-654
HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED v. SWITZERLAND AUSTRALIA HEALTH FUND PTY. LIMITED
No. G569 of 1987
CORAM: Fox. Davies and Morling JJ. 23 December 1987
Sydney
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G569 of 1987 GENERAL DIVISION )
BETWEEN: HOSPITALS CONTRIBUTION FUND OF AUSTRALIA LIMITED
Appellant
AND: SWITZERLAND AUSTRALIA HEALTH FUND PTY LIMITED
Respondent
CORAM: Fox, Davies and Morling JJ. DATE: Judgment - 23 December 1987
Orders - 18 February 1988 PLACE: Sydney
MINUTES OF ORDER
THE COURT ORDERS: 1. That the appeal be allowed.
2. That the orders made by Wilcox J. on 4 November 1987 and 19 November 1987 be discharged and that in lieu thereof it be ordered:-
(i) that the respondent, Switzerland Australia Health Fund Pty Limited, trading as "Health Australia", be restrained from publishing or causing to be published any advertisement or representation to the effect that:-
(a) "All major health funds now reduce your hospital cover the longer you are in hospital and the more you need it";
(b) a contributor to the appellant's health fund would necessarily suffer a reduction in benefits after 14 days in hospital;
(c) the respondent's health fund provides more cover at less cost than does the appellant's health fund; or
NOTE:
(ii)
(iii)
(d) "You can save up to $364 (or any other specified sum) on top hospital and auxiliary cover compared with HCF".
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