Advanced Hair Studio Pty Ltd v Growth Hair Pty Ltd [2002] FCA 1642

FEDERAL COURT OF AUSTRALIA

Advanced Hair Studio Pty Ltd v Growth Hair Pty Ltd [2002] FCA 1642 TRADE PRACTICES – misleading and deceptive conduct – injunction granted Trade Practices Act 1974 (Cth) s 80 ADVANCED HAIR STUDIO PTY LTD V GROWTH HAIR PTY LTD, ROBYN TEMPLE AND VITTORIA BATTISTINI V 248 OF 2002 MERKEL J 20 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY V 248 OF 2002

BETWEEN: ADVANCED HAIR STUDIO PTY LTD

(ACN 005 245 143)

APPLICANT

AND: GROWTH HAIR CLINIC PTY LTD

(ACN 098 620 412)

FIRST RESPONDENT

ROBYN TEMPLE

SECOND RESPONDENT

VITTORIA BATTISTINI

THIRD RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 20 DECEMBER 2002

WHERE MADE: MELBOURNE

UPON THE USUAL UNDERTAKING as to damages having been given by senior counsel on behalf of the applicant the Court orders that: 1. Until further order the first respondent, whether by its servants, agents or howsoever otherwise, be restrained from representing to the public, whether by advertising or by the publication and distribution of brochures, that any product or service provided by it involves hair growth, hair restoration or hair replacement without representing expressly or impliedly that the product or service involves a hair replacement unit such as a hair piece, wig or some other similar product. 2. The Defences of the First, Second and Third Respondents be struck out. 3. The respondents have leave to file and serve an amended defence and any cross-claim by 5pm on 3 February 2003. 4. Adjourn the directions hearing to a videoconference hearing on 7 February 2003 at a time to be fixed. 5. Reserve all costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.