Trading Post Australia Pty Ltd (ACN 001 821 156) v Northern Star Ltd (ACN 000 011 174) [2000] FCA 992

FEDERAL COURT OF AUSTRALIA

Trading Post Australia Pty Ltd (ACN 001 821 156) v

Northern Star Ltd (ACN 000 011 174) [2000] FCA 992

INJUNCTIONS – application for interlocutory injunctions – applicants and respondents publish regional papers containing classified advertisements – applicants allege misleading and deceptive conduct under s 52 of Trade Practices Act 1974 (Cth), passing off, and infringement of copyright in compilation – undertakings given – whether orders should be made further limiting manner and form in which respondents can publish paper – points of similarity between publications – whether serious issue to be tried as to whether members of public wanting to advertise or purchase goods or services would be misled – copyright in compilations TRADING POST AUSTRALIA PTY LTD (FORMERLY COMMERCIAL DYNAMICS PTY LTD) (ACN 001 821 156) AND RESEARCH RESOURCES PTY LTD (ACN 001 007 256) v NORTHERN STAR LTD (ACN 000 011 174) AND APN NEWS & MEDIA LTD (ACN 008 637 643) N 779 OF 2000 MOORE J 25 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 779 OF 2000

BETWEEN: TRADING POST AUSTRALIA PTY LTD (formerly Commercial Dynamics Pty Ltd)(ACN 001 821 156

FIRST APPLICANT

RESEARCH RESOURCES PTY LTD (ACN 001 007 256)

SECOND APPLICANT

AND: NORTHERN STAR LTD (ACN 000 011 174)

FIRST RESPONDENT

APN NEWS & MEDIA LTD (ACN 008 637 643)

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 25 JULY 2000

WHERE MADE: SYDNEY

THE COURT NOTES THE UNDERTAKINGS GIVEN BY THE RESPONDENTS, AND ORDERS THAT:

1. Pending the determination of these proceedings or earlier further order, the respondents whether by themselves their directors, officers, servants, agents or otherwise howsoever be restrained from in trade or commerce in north-eastern New South Wales publishing, printing, promoting or distributing, any publication which publishes classified advertisements with or containing: