Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v
Woolworths Limited [2002] FCA 1001
TRADE PRACTICES – misleading or deceptive conduct – newspaper advertisement – "dominant impression" – whether there was a dominant impression which required particular representations to be disregarded – representations with respect to a future matter – reference to a continuing policy intended to influence readers of the advertisement to buy from the advertiser
Trade Practices Act 1974 (Cth) s 51A, s 52
Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 applied Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 distinguished Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 distinguished Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 distinguished Telstra Corporation Ltd v Optus Communications Pty Ltd (1997) ATPR §41-541 distinguished
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v
WOOLWORTHS LIMITED (ACN 000 014 875) N 1465 OF 2001 LINDGREN J 12 AUGUST 2002 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1465 OF 2001
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: WOOLWORTHS LIMITED (ACN 000 014 875)
RESPONDENT
JUDGE: LINDGREN J
DATE OF ORDER: 12 AUGUST 2002
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The parties submit to the Associate to Lindgren J by Thursday 15 August 2002 an agreed form of orders to be made, and failing agreement by that time, orders 2 and 3 will apply. 2. The applicant file and serve by Friday 16 August 2002 (with a copy to the Associate to Lindgren J) short minutes of the orders it proposes and submission in support. 3. The respondent file and serve by Monday 19 August 2002 (with a copy to the Associate to Lindgren J) short minutes of the orders it proposes and submission in support. 4. The proceeding be listed on Tuesday 20 August 2002 at 9.30 am for the making of orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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