Trade Practices

Energy Conservation Systems Pty Ltd & Lighting Technology Pty Ltd v Kelstrom Pty Ltd & ors [1992] FCA 623; BC9203896

Trade Practices - misleading and deceptive conduct - s 52 Trade Practices Act 1974 - statements as to extent of installation of lighting control systems - whether untrue - whether misleading - understanding of reasonable reader - use of formula to estimate extent of respondents' installations — absence of empirical evidence — onus of proof of falsity of statement. Trade Practices Act 1974 s 52

Freeman Cosmetic Corporation v Jenola Trial Pty Ltd  [1993] FCA 505; (1993) ATPR 41-270; BC9305088

Trade practices - Misleading or deceptive conduct - Strikingly similar get-up of products - Products sold at different outlets - Whether consumers would be misled - Entitlement to injunctive relief - Tort - Passing off - Strikingly similar get-up of products - Entitlement to injunctive relief.

Simplot Australia Pty Ltd v PSL Industries Ltd & Ors [2001] VSC 419; BC200107200

Trade Practices - Sale of business - claims under Trade Practices Act 1974 (Cth), Fair Trading Act 1985, in contract and at common law - application for leave to amend to rely upon pre-contractual conduct of defendants - whether statement of claim in original form sufficiently raised the claim the subject of application - whether the court should consider if the claim the subject of application would be statute-barred - whether leave to amend could be granted in light of s. 82(2) Trade Practices Act and s. 37(2) Fair Trading Act - application of R. 36.01(6) of Chapter 1 - whether plaintiff had an acquired or accrued right under the Fair Trading Act 1985 at the time of its repeal on 1 September 1999 - Interpretation of Legislation Act 1984, s. 14(2)(e). 

The Big Four Pty Ltd v DaimlerChrysler Australia/Pacific Pty Ltd & Ors [2002] FCA 783

Trade Practices -  Injunctions – Trade Practices Act 1974 ss 51AC, 51ACA, 51AD, 51AE, 80, 82 - Franchise Code – failure to engage dispute resolution procedure in Code – serious question to be tried – balance of convenience