Construction Industry Long Service Leave Board & Anor Odco Pty Ltd & Ors [1988] FCA 322

Construction Industry Long Service Leave Board & Anor Odco Pty Ltd & Ors [1988] FCA 322

There was no serious question to be tried regarding misleading or deceptive conduct under s.52 of the Trade Practices Act in relation to the statements of opinion or belief in the respondents' brochure. Even if a prima facie case existed for certain allegations, the balance of convenience and the strong public interest in open discussion—given the subject matter involved public authorities and public interest—favoured refusing interlocutory injunctive relief.

Jurisdiction
Australia
Judgment Date
24 June 1988
Procedural Posture
Motion/interlocutory Application / Interlocutory (motion for Interim Injunction)
Outcome
motion for interlocutory injunction dismissed
Legal Topics
['injunctions' 'misleading or Deceptive Conduct' 'interlocutory Relief']
['trade Practices' 'defamation' 'remedies'] ['injunctions' 'misleading or Deceptive Conduct' 'interlocutory Relief']

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Procedural Posture

Motion/interlocutory Application / Interlocutory (motion for Interim Injunction)

Legal Issues

  1. 1 ['Whether publication of statements in a brochure by the respondents constituted misleading or deceptive conduct in contravention of s.52 of the Trade Practices Act 1974' 'Whether an interlocutory injunction should be granted restraining further publication of the material in question, which is also alleged to be defamatory']

Ratio Decidendi

There was no serious question to be tried regarding misleading or deceptive conduct under s.52 of the Trade Practices Act in relation to the statements of opinion or belief in the respondents' brochure. Even if a prima facie case existed for certain allegations, the balance of convenience and the strong public interest in open discussion—given the subject matter involved public authorities and public interest—favoured refusing interlocutory injunctive relief.

Court Disposition

motion for interlocutory injunction dismissed

Orders

  • ['Motion for interlocutory injunction dismissed.']