Australian Competition and Consumer Commission v Will Writers Guild Pty Ltd [2003] FCA 1231

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Will Writers Guild Pty Ltd [2003] FCA 1231 TRADE PRACTICES – application for compensation for loss and damage – contraventions of Pts IVB and V of Trade Practices Act 1974 – sale of franchise – false representations – failure to comply with Franchising Code of Conduct – whether party for whom compensation claimed copied respondents' material to operate same or similar business – whether that party sustained loss or damage Trade Practices Act 1974 (Cth) s 87(1A) Trade Practices (Industry Codes – Franchising) Regulations 1998 (1998 No 162)

Australian Competition & Consumer Commission v Murray (2002) 121 FCR 428 referred to Australian Competition & Consumer Commission v Murray (No 2) (2003) ATPR 41-927 referred to Marks v GIO Australia Holdings Limited (1998) 196 CLR 494 referred to

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v WILL WRITERS GUILD PTY LTD and SIDNEY JAMES MURRAY

T11 of 2001

WEINBERG J

3 NOVEMBER 2003

MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T11 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: WILL WRITERS GUILD PTY LTD

FIRST RESPONDENT

SIDNEY JAMES MURRAY

SECOND RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 3 NOVEMBER 2003

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. The respondents pay to Will Power International Pty Ltd (ACN 089 942 361) the sum of $137,697. 2. The respondents pay the applicant's costs of and incidental to this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T11 OF 2001