Trade Practices Commission v. Olympic Productions & Publications Pty Ltd & Anor [1985] FCA 664

Trade Practices Commission v. Olympic Productions & Publications Pty Ltd & Anor [1985] FCA 664

The Federal Court has jurisdiction to accept undertakings offered by respondents in lieu of injunctions under s.80 of the Trade Practices Act 1974, provided the undertakings correspond to conduct covered by the Act and the applicant accepts them, even in the absence of express admissions or proof of contravention.

Parties
Applicant: Trade Practices Commission; First Respondent: Olympic Productions and Publications Pty.Ltd.; Second Respondent: Paramount Productions Pty.Ltd.
Jurisdiction
Australia
Judgment Date
04 November 1985
Procedural Posture
Application for Injunction / Final Determination on Acceptance of Undertakings and Costs
Outcome
Undertakings accepted in lieu of injunctions; no order as to costs, including reserved costs.
Legal Topics
Injunctions, Jurisdiction to Accept Undertakings, Misleading or Deceptive Conduct
Trade Practices Injunctions Jurisdiction to Accept Undertakings Misleading or Deceptive Conduct

Case Brief

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Parties

Trade Practices Commission

Applicant

Olympic Productions and Publications Pty.Ltd.

First Respondent

Paramount Productions Pty.Ltd.

Second Respondent

Procedural Posture

Application for Injunction / Final Determination on Acceptance of Undertakings and Costs

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to accept undertakings in lieu of injunctive relief without admission or proof of contravening conduct under s.80 of the Trade Practices Act 1974

Ratio Decidendi

The Federal Court has jurisdiction to accept undertakings offered by respondents in lieu of injunctions under s.80 of the Trade Practices Act 1974, provided the undertakings correspond to conduct covered by the Act and the applicant accepts them, even in the absence of express admissions or proof of contravention.

Court Disposition

Undertakings accepted in lieu of injunctions; no order as to costs, including reserved costs.

Orders

  • On undertakings offered by each of the respondents, through counsel, there be no order as to costs, including reserved costs.