Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Energizer Australia Pty Limited v Gillette Australia Pty Limited [2002] FCA 321
TRADE PRACTICES – misleading and deceptive conduct – comparative advertising by manufacturer by point of sale material located in premises of retailers – injunction already granted to restrain certain television advertising prior to placement of point of sale material – injunction subsequently granted restraining distribution to retail establishments of further point of sale material – mandatory interlocutory injunction to remove existing point of sale from retail establishments withheld in exercise of discretion. Trade Practices Act 1974 (Cth) s 51A, 52, 53 Businessworld Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 referred to Fletcher Challenge Limited v Fletcher Challenge Pty Limited (1981) 1 NSWLR 196 referred to Snowave Pty Limited v Wanderers Ski Holidays & Travel Pty Limited (1996) 34 IPR 577 referred to CBS Records Australia Ltd v Telmak Teleproducts (Aust) Pty Ltd (1987) 8 IPR 473 referred to Biddulph & Finch Publishing Pty Ltd v de Vries & de Vries t/as Pandamus Press (1998) 43 IPR 144 cited Effluent Disposal Limited v Midlands Effluent Disposal Limited [1970] RPC 238 referred to Auckland Harbour Cruise Co Ltd v Fullers Captain Cook Cruises Ltd (1986) 8 IPR 185 referred to Parker & Son (Reading) Limited v Parker [1965] RPC 323 referred to ENERGIZER AUSTRALIA PTY LIMITED v GILLETTE AUSTRALIA PTY LIMITED N1560 OF 2001 CONTI J 22 MARCH 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1560 OF 2001
BETWEEN: ENERGIZER AUSTRALIA PTY LIMITED (ACN 003 539 026)
APPLICANT
AND: GILLETTE AUSTRALIA PTY LIMITED (ACN 000 011 914)
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 22 MARCH 2002
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