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Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (No 2)
Judgment date: 10/03/1993
Court: FCA
Judge: Sheppard, Foster and Hill JJ
Citation:
(1993) 113 ALR 257;
(1993) 25 IPR 509;
(1993) 41 FCR 89;
(1993) ATPR 41-222;
BC9304658;
Catchwords: Practice and procedure; Appeal; Admission of fresh evidence; Application for leave to admit fresh evidence;
Practice and procedure; Appeal; Points and objections not taken below; Application for leave to argue on validity of statute;
Trade practices; Misleading or deceptive conduct; Leave to amend application to seek declaratory relief; Nature and scope of power to grant declaratory relief;
Costs; Practice matters; Disposal of costs at first instance and on appeal; Respondent successful in claim for declaration;