D & D Technologies Pty Ltd v Easy-Fit Fencing Components Pty Ltd [2001] FCA 179

FEDERAL COURT OF AUSTRALIA

D & D Technologies Pty Ltd v Easy-Fit Fencing Components Pty Ltd [2001] FCA 179

TRADE PRACTICES – misleading and deceptive conduct – where applicant and respondent manufacture and sell swimming pool safety latches – whether respondent represented latch conforms to pool safety standards in Australia – whether respondent represented latch is suitable for use as a swimming pool latch – whether representations false or misleading TRADE PRACTICES – misleading and deceptive conduct – where applicant issued press release – whether applicant represented latch complied with pool safety standards – whether applicant instituted proceedings in the interests of public safety not for own commercial interests – whether representations false or misleading INTERPRETATION – construction of instruments – where pool safety standards not statutes – where no legislation operating in relation to standards – where standards related – whether standard construed in light of objects of related standard Trade Practices Act 1974 (Cth) ss 52, 53(a) Trade Practices Commission v BMW Australia Ltd (1985) ATPR 40-620 referred to D & D TECHNOLOGIES PTY LTD v EASY-FIT FENCING COMPONENTS PTY LTD N 1219 OF 2000 EMMETT J 7 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1219 OF 2000

BETWEEN: D & D TECHNOLOGIES PTY LIMITED

ACN 059 412 430

APPLICANT

AND: EASY-FIT FENCING COMPONENTS PTY LIMITED

ACN 062 321 751

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 7 MARCH 2001

WHERE MADE: SYDNEY

THE COURT: 1. NOTES the undertaking given by the respondent to the Court without admission, to affix to all units of the Easy-Fit Child Resistant Gate Latch manufactured by the respondent after 1 April 2001 a label bearing the following words: "WARNING: DO NOT TURN KEY TO LOCKED POSITION WHILE GATE IS OPEN" 2. ORDERS THAT the application be dismissed. 3. ORDERS THAT the cross-claim be dismissed. 4. ORDERS THAT the applicant pay the respondent's costs of the application and the respondent pay the applicant's costs of the cross claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.