Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2021] FCAFC 222 Appeal from: AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2020] FCA 672; AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2020] FCA 1092; AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 3) [2020] FCA 1352
File number: NSD 1153 of 2020
Judgment of: NICHOLAS, MARKOVIC AND BURLEY JJ
Date of judgment: 7 December 2021
Catchwords: CONSUMER LAW – appeal from three judgments of this Court – where appellant sought declaration that there is adequate foundation for certain statements in advertisement for analgesic drug – where appellant bound by previous order restraining them from making certain representations – where primary judge made declarations that appellant breached that order – where primary judge dismissed appellant's application to re-open matter after judgment given – whether primary judge proceeded on the basis of misapprehension of the facts and/or the manner in which an argument was advanced – whether certain representations conveyed by appellant's advertising, training and point of sale materials – where appellant provided table of unqualified "accepted representations" to primary judge – where trial conducted on the basis that those representations were not treated as unqualified – appeal allowed
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) Federal Court Rules 2011 (Cth)
Cases cited: AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser (Australia) Pty Limited [2020] FCAFC 45 AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2020] FCA 672 AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2020] FCA 1092 AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 3) [2020] FCA 1352 Australian Competition and Consumer Commission (ACCC) v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; (2014) 317 ALR 73 Reckitt Benckiser (Australia) Pty Limited v AFT Pharmaceuticals (AU) Pty Limited [2018] FCA 1552
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