Federal Court of Australia
| JUDGMENT No. O24 IE. CATCHWORDS
TRADE PRACTICES - consumer protection - whether label contamed misleading or deceptive representations as to the country of origin of the goods - meaning of "made in Australia" - meaning of "component" - importance of relative size of representations appearing on the label - consideration of substantial transformation test under customs
legislation.
Trade Practices Act 1974 (Cth), ss 52, 53 (eb) 22 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
Thorpe v CA Imports Pty Limited (1990) ATPR 140-996
Netcomm (Australia) Pty Limited v Dataplex Pty Limited (1988) 81 ALR 101 Anheuser-Busch Brewing Association v The United States 207 US 556 (1908)
Trade Practices Amendment (Origin Labelling) Bill 1994 (Cth)
Rules of Origin in Internationa] Trade, Vermulst, Waer and Bourgeois eds, 1994
'
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENE, DIVISION
No G 651 of 1994
Nee ee ae ee
BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: QDSV_HOLDINGS PTY LIMITED
t/as BUSH FRIENDS AUSTRALIA
Respondent
Ea
Coram: "Davies J
Date: 16 December 1994 Place: Sydney
MINUTES OF ORDER
THE COURT DECLARES THAT
The cardboard labels appearing in exhibits A and C are in breach of ss 52 & 53 (eb) of the Trade Practices Act 1974 (Cth)
and ORDERS THAT: (1) The respondent, whether by itself its servants, agents or
otherwise, be restramed from selling or distributing its toy koalasif the infringing labels are attached to or associated
therewith. (2) The applicant have leave to apply for any further order as May seem meet. (3) The respondent pay the costs of the proceedings. 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 651 of 1994
Ne ee Ne ee ee ee
GENERAL DIVISION BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: QDSV_HOLDINGS PTY LIMITED t/as BUSH FRIENDS AUSTRALIA Respondent Coram: Davies J Date: 16 December 1994 Place: Sydney
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