Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Plywood Association of Australasia Ltd v Jag Ply Pty Ltd [2007] FCA 54
PRACTICE AND PROCEDURE – injunction – interlocutory relief - commercial interests of applicant – conflicting evidence – refusal to grant interlocutory relief TRADE PRACTICES - whether representations by respondent as to compliance of Plywood with Australian standards are arguably misleading or deceptive Trade Practices Act 1976 (Cth) ss 52 and 53 Australian/New Zealand Standard Plywood – Structural AS/NZS 2269:2004 Australian Broadcasting Corporation v O'Neill [2006] HCA 46 cited Beecham Group Ltd v Bristol Laboratories Pty. Limited (1968) 118 CLR 618 cited American Cyanamid Co v Ethicon Ltd [1975] AC 396 cited PLYWOOD ASSOCIATION OF AUSTRALASIA LTD v JAG PLY PTY LTD & PETER CRANSTON WINTOUR QUD 297 OF 2006
SPENDER J
5 February 2007
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 297 OF 2006
BETWEEN: PLYWOOD ASSOCIATION OF AUSTRALASIA LTD
Applicant
AND: JAG PLY PTY LTD
First Respondent
PETER CRANSTON WINTOUR
Second Respondent
JUDGE: SPENDER J DATE OF ORDER: 5 February 2007
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for interlocutory relief is dismissed. 2. The respondents' costs of and incidental to the application for interlocutory relief sought by the applicant be the respondents' costs in the principal proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 297 OF 2006
BETWEEN: plywood association of australasia ltd
AND: JAG PLY PTY LTD
First Respondent
PETER CRANSTON WINTOUR
Second Respondent
JUDGE: SPENDER J
DATE: 5 february 2007
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