Australian Federation of Consumer Organisations Inc. v. Tobacco Institute of Australia Ltd [1988] FCA 267

CATCHWORDS

TRADE PRACTICES ACT 8.52 - advertisement asserting little evidence and no scientific proof of disease from "passive" smoking - corrective advertising - role of Trade Practices Commission - width of power given by s.80 to "any other person" to sue for an injunction - nature of wrong committed by breach of 8.52 ~- Trade Practices Commission agreed not to sue upon publication of a corrective advertisement; but another applicant then sued, alleging a different misleading statement in the original advertisement - whether proceeding should be stayed - principles applicable - stay refused.

Trade Practices Act ss. 52, 80

No. G253 of 1987

AUSTRALIAN FEDERATION OF CONSUMER ORGANISATIONS INC. v. TOBACCO INSTITUTE OF AUSTRALIA LIMITED

Burchett J.

Sydney 7 June 1988

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) No. G253 of 1987

) GENERAL DIVISION )

BETWEEN: AUSTRALIAN FEDERATION OF CONSUMER ORGANISATIONS INC.

Applicant AND: TOBACCO INSTITUTE OF AUSTRALIA LIMITED Respondent MINUTE OF ORDER OF THE COURT Judge Making Order: Burchett J. Where Made: Sydney Date of Order: 7 June 1988 THE COURT ORDERS THAT: (1) Respondent's motion be dismissed. (2) Respondent pay the applicant's costs of the motion. 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. G253 of 1987

) GENERAL DIVISION )

BETWEEN: AUSTRALIAN FEDERATION OF CONSUMER ORGANISATIONS INC.

Applicant

» lz TOBACCO INSTITUTE OF AUSTRALIA LIMITED

Respondent

REASONS FOR JUDGMENT

BURCHETT J.

On 1 July 1986, the respondent published in "The Australian Financial Review", "The Australian" and "The Sydney Morning Herald", an advertisement which bore the heading "A message from those who do ... to those who don't". The