Brabazon, G. v Western Mail Ltd

[1985] FCA 481

GviSTEkN AUSTRALIA DISTRICT REGISTRJ No. WAG 32 of 1965

GENERAL G I V I S I O N l

ON APPFAL PROM A SINGLE JTJOGE OF THE FEDERAL COURT OF A[JSTRALIA

IN THE MAT ' of an application for

damacres pursuant to the Trade

Practices Act 1 9 7 4 .

BETWEEN :

2 N A :

Respondent -_

1. The appeal be dlsmissed.

2 . The appellant pay the respondent's costs of the

appeal.

3 .	Reserve llberty to the respondent to apply with
respect to outstanding reserved costs. if any.

Note: Settlement and entry of orders IS dealt with in Order

36 of the Federal Court Rules.

IN THE MA= or' an application f o r

damaqes pursuant to the Trade

Practlces Act 1974.

/- -.

1 .

*\

A<$ ;__--.	,
,,

BETWEEN:

A N D :

Respondent

c

COKAM: Sweenev. Sheppard and Beaumont. JJ.

DATED: 17 September 1985

REASONS FOR JUDGMENT

THE COrJkT: In our oplnlon. %he appeal should be

dlsmlssed. We auree wlth the declslon of the learned Judge

and with h l s reasons that no contraventlon of s . 5 2 of the

Trade Practices Act, 1974 has been established. There is nothlna that we can usefully add in thls connection.

Since the question of damacres was not tully argued

I

betorc us. It is Inapproprlate that we make any observatlons

on that, questlon.

The orders 01 the Court are -

1. That %he appeal be dlsmlssed.

1. That the appellant, pav %he respondent's

c o s t s of the apaeal.

3 . Reserve Liberty to the respondent o

apply wlth respect outstandlng to

reserved costs. ~f anv.

I certlfy that thls and the l precedina

paue 1s a true copv of the reasons for

i '

I

!udgnent hereln of the Court.

Assoclate I

Dated 17 September 1985.

Counsel and Solicitors	Mr. A. Camp was Instructed	bp
for Appellant:	R.J. Butcher & Co.

Counsel and Solicltors	Mr. M. Bennett was mstructed
for Respondent:	by Keall Brlnsden
Date of hearlnu:	17 September 1985
Date Judqment Dellvered:	17 Septenber 1985

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