Hornsby Building Information Centre Pty. Ltd. v Sydney Building Information Centre Ltd. [1978] HCA 11

High Court of Australia Barwick C.J. Stephen, Jacobs, Murphy and Aickin JJ. Hornsby Building Information Centre Pty. Ltd. v Sydney Building Information Centre Ltd. [1978] HCA 11

ORDER Appeal allowed with costs. Order of the Industrial Court granting interlocutory injunctions set aside.

Cur. adv. vult.

The following written judgments were delivered:—

1978, April 19 Barwick C.J.

The appellant by this Court's special leave appeals against an interlocutory injunction granted by the Commonwealth Industrial Court restraining the appellant from continuing to carry on business under its own name, "Hornsby Building Information Centre", or any name including the words "building information centre". The Industrial Court, in granting this injunction, purported to exercise the jurisdiction given to that Court by s. 52(1) and s. 80 of the Trade Practices Act 1974 Cth ("the Act").

In my opinion, there was no ground whatever upon which the Industrial Court could properly have granted that injunction. Consequently, I would allow this appeal.

In support of that course, I have formed the following conclusions:

(1) Section 52 is concerned with conduct whichis deceptive of members of the public in their capacity as consumers of goods or services: it is not concerned merely with the protection of the reputation or goodwill of competitors in trade or commerce.

(2) For the purposes of s. 52, consumers are not limited to the persons described in s. 4 (3) of the Act.

(3) Whilst it may not be a valid objection to a proceeding brought to restrain a deception of the public that, if successful, the proceedings will benefit the moving party in its trade or business, s. 52 does not give to the Industrial Court a jurisdiction to entertain passing off suits.

(4) The present suit was no more than a proceeding to protect the respondent in its trade or business.