Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Swishette Pty Ltd v Australian Competition and Consumer Commission [2017] FCAFC 45 Appeal from: Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (No 2) [2016] FCA 62 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (in liq) (No 3) [2016] FCA 284 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (in liq) (No 4) [2016] FCA 286
File numbers: VID 303 of 2016 VID 304 of 2016
Judges: MIDDLETON, FOSTER AND DAVIES JJ
Date of judgment: 15 March 2017
Catchwords: CONSUMER LAW – non-party redress orders – whether the Court has power pursuant to s 239 of the Australian Consumer Law to make an order against a third party
Legislation: Competition and Consumer Act 2010 (Cth), s 239, 240, 241, 243
Cases cited: Australian Competition and Consumer Commission v AGL South Australia Pty Ltd [2015] FCA 399; 146 ALD 385 Australian Securities and Investment Commission v Carey (No 6) [2006] FCA 814; 153 FCR 509 Deputy Commissioner of Taxation v Vasiliades [2014] FCA 1250; 323 ALR 59; 99 ATR 799 DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties [1980] 1 NSWLR 510 Gartside v Inland Revenue Commissioners [1967] UKHL 6; [1968] AC 553 In re Gulbenkian's Settlements [1970] AC 508 Kennon v Spry; Spry v Kennon [2008] HCA 56; 238 CLR 366 McPhail v Doulton [1970] UKHL 1; [1971] AC 424 Public Trustee v Smith [2008] NSWSC 397; 1 ASTLR 488
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