Federal Court of Australia
t 'gor
JUDGMENT No. ! bh ses.
CATCHWORDS DEFAMATION -— whether words used could be taken in a defamatory sense - whether occasion one of qualified
privilege - whether evidence of express malice. TRADE PRACTICES - whether words used in trade or commerce
whether amounting to misleading or deceptive conduct
whether damages or other remedy available.
Trade Practices Act 1974 s.52
SWITZERLAND AUSTRALIA HEALTH FUND PTY LTD (trading aS HEALTH AUSTRALIA) v DEREK SHAW and THE HOSPITAL BENEFITS ASSOCIATION LIMITED
No. VG 250 of 1987
Woodward J 26 April 1988 Melbourne
ry
\
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 250 of 1987 ) )
GENERAL DIVISION
BETWEEN:
SWITZERLAND AUSTRALIA HEALTH FUND PTY LTD (trading as HEALTH AUSTRALIA) Applicant and DEREK SHAW Firstnamed Respondent and
THE HOSPITAL BENEFITS ASSOCIATION LIMITED
Secondnamed Respondent
MINUTES OF ORDER
COURT: Woodward J.
DATE: 26 April 1988
PLACE: Melbourne
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondents' costs.
(NOTE: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.)
=
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No. VG 250 of 1987 ) )
GENERAL DIVISION
BETWEEN:
SWITZERLAND AUSTRALIA HEALTH FUND PTY LTD
(trading as HEALTH AUSTRALIA)
Applicant and DEREK SHAW Firstnamed Respondent and
THE HOSPITAL BENEFITS ASSOCIATION LIMITED
Secondnamed Respondent
COURT: Woodward J.
DATE: 26 April 1988
PLACE: Melbourne
REASONS FOR JUDGMENT
The applicant ('Health Australia') is suing the second respondent ('HBA') and its general manager, the first respondent, for damages and other relief for breaches of s.52
of the Trade Practices Act 1974 and for defamation. The
action turns in substance upon two words used in a letter
sent by the first respondent to members of the Private
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