Commissioner for Fair Trading, Department of Commerce v Hunter [2008] NSWSC 277

New South Wales Supreme Court

CITATION : Commissioner for Fair Trading, Department of Commerce v Hunter [2008] NSWSC 277

HEARING DATE(S) : 11-14/02/2008; 21-22/02/2008

JUDGMENT DATE : 2 April 2008

JURISDICTION : Common Law

JUDGMENT OF : McCallum J

1) pursuant to section 65(1) of the Fair Trading Act, that the defendant, by himself, his servants or his agents or otherwise be permanently restrained from carrying on a business of, or in any way providing in trade and commerce, any form of the following health care services: (a) naturopathy; (b) medical herbalism; (c) herbalism; (d) iridology; DECISION : (e) hydrotherapy; (f) dietician or nutritionist (being the professional application of nutrition knowledge in the treatment and prevention of human illness); (g) sports medicine; (h) osteopathy; and (i) blood analysis; 2) pursuant to section 65(1) of the Fair Trading Act, that the defendant be permanently restrained from using in any way, in trade or commerce, the doctorate of philosophy conferred on him in August 1998 by the Faculty of Medical Studies, Medicina Alternativa Institute, affiliated to the Open International University for Complementary Medicines; 3) that the defendant pay the plaintiff's costs of the proceedings.

CATCHWORDS : COMMON LAW - misleading and deceptive advertising in contravention of FTA - question whether avertisements conveyed misrepresentations alleged by the Commissioner - dispute by defendant as to his authorisation of publication of certain parts of advertisements - application for permanent injunction under s 65 FTA - power to grant injunction - exercise of Court's discretion under s 65