Brash Holdings Ltd & Ors v. Commodore Television Pty Ltd [1987] FCA 89
Although there is a serious question to be tried regarding possible misleading or deceptive conduct by the respondent, the applicants have not established that interlocutory injunctions are appropriate on the current evidence and balance of convenience.
- Jurisdiction
- Australia
- Judgment Date
- 06 March 1987
- Procedural Posture
- Application for Interlocutory Injunction / Interlocutory (reasons and Orders on Application for Injunction)
- Outcome
- Application for interlocutory injunction dismissed. Costs reserved.
- Legal Topics
- ['misleading and Deceptive Conduct' 'section 52 Trade Practices Act 1974' 'advertising Imitation' 'interlocutory Relief']
Case Brief
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Procedural Posture
Application for Interlocutory Injunction / Interlocutory (reasons and Orders on Application for Injunction)
Legal Issues
- 1 ["Whether the respondent engaged in misleading or deceptive conduct under s.52 of the Trade Practices Act 1974 by imitating distinctive features of the applicants' advertising" "Whether interlocutory injunction should be granted to restrain the respondent's advertising"]
Ratio Decidendi
Although there is a serious question to be tried regarding possible misleading or deceptive conduct by the respondent, the applicants have not established that interlocutory injunctions are appropriate on the current evidence and balance of convenience.
Court Disposition
Application for interlocutory injunction dismissed. Costs reserved.
Orders
- ['The application for interlocutory injunctions is dismissed.' 'Costs be reserved.']
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