Australian Competition & Consumer Commission v Black on White [2002] FCA 739

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Black on White [2002] FCA 739

TRADE PRACTICES – notice of motion seeking costs orders against third and fourth respondents – whether compensation should be paid by the third and fourth respondents to the applicant – if compensation is ordered, the appropriate amount to be paid – whether a refund of money or payment of loss and damage will compensate the loss or damage identified – whether a causal connection exists between the loss or damage that has allegedly been or is likely to be suffered and the contravening conduct – measure of compensation is the monetary difference between the position in which the aggrieved person now finds him or herself in and the position in which the person would have been had there been no contravention – whether what the claimants received was of value irrespective that it was not what they had paid for INTEREST – claim of interest pursuant to s 51A Federal Court of Australia Act 1976 (Cth) – whether the relevant state Supreme Court interest rate should be applied Trade Practices Act 1974 (Cth), s 87, Part V Federal Court of Australia Act 1976, ss 51A, 52(2) Federal Court Rules, O 35 r 8 Marks v GIO Australia Holdings Limited (1998) 196 CLR 494, applied Henville v Walker [2001] HCA 52, cited Gould v Vaggelas (1985) 157 CLR 215, referred to March v Stramare (1991) 171 CLR 506, cited Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514, cited Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1, cited Ikin & Ors v Same & Lamborghini Tractors of Australia Pty Ltd & Anor (1985) ATPR 40-595, cited Ted Brown Quarries Pty Ltd v General Quarries (Gilston) Pty Ltd (1977) 16 ALR 23, cited Namol Pty Ltd v A.W. Baulderstone Pty Ltd (No. 2) (1993) 47 FCR 388, cited Kettle Chip Company Pty Ltd v Apand Pty Ltd (No. 2) (1998) 83 FCR 466, cited Nagy v Masters Dairy Ltd (1997) 150 ALR 301, cited EMCL Pty Ltd v Esanda Finance Corporation Ltd (No. 2) (1998) 160 ALR 382, cited EMCL Pty Ltd v Esanda Finance Corporation Ltd [1999] FCA 978, cited White Industries (Qld) Pty Ltd v Flower & Hart (2000) 103 FCR 559, cited