Trade Practices Commission v Frendship Aloe Vera Pty Ltd & Anor [1988] FCA 450

JUDGMENT fo. 420." 88.

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CATCHWORODS

TRADE PRACTICES - misleading statements - application by Trade Practices Commission on behalf of others - nature of such application - statements made by natural person acting as principal - whether such natural person involved in contravention by corporation - time limit for injunction claim and for compensation claims.

LIMITATION OF ACTIONS —- claim by Trade Practices Commission on behalf of others — whether to be regarded as Trade Practices Commission's cause of action - time of accrual of cause of action.

Trade Practices Act 1974, ss.52, 59, 75B(1)(c), 80, 87(1A), 87(1B), 87{1C), 87(1CA)

Trade Practices Commission

v. Frendship Aloe Vera Pty Limited & Anor Qld G76 of 537

PINCUS J. ae, wa

SYDNEY Cf fs ON

10 JUNE 1988 A per op gen ¥ .

oN Pee tars

TROEOL COURT CH

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY )

QLD G78 of 1987

GENERAL DIVISION )

BETWEEN: TRADE PRACTICES COMMISSION

Applicant

AND: FRENDSHIP ALOE VERA PTY LIMITED

First Respondent AND: PETER HENDRIKUS WILDSCHUT

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER:

10 JUNE 1988

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1.

a paragraph 45 be added to the defence:

"the second respondent says that the application was not commenced within the time prescribed by s.87(1CA) of the Trade Practices Act";

an injunction be granted restraining the first respondent, by itself, its servants or agents, or otherwise howsoever, from promoting, by any means, any scheme involving the supply of aloe vera plants by the first respondent and the purchase of leaves produced from such plants or the sale of gel extracted therefrom;

an injunction be granted restraining the second respondent from aiding, abetting, counselling or procuring or being in any way, directly or indirectly, knowingly concerned in, or party to, the promotion by the first respondent of any scheme