Australian Competition and Consumer Commission v Emerald Ocean Distributors Pty Ltd [2006] FCA 244

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Emerald Ocean Distributors Pty Ltd [2006] FCA 244

TRADE PRACTICES – misleading and deceptive conduct – certain Slendertone products as existed in 2000 – orders following delivery of reasons for judgement – findings of fact appropriately in orders – no basis to include declarations not going to offending conduct – appropriateness of injunctions in absence of undertakings – inactivity of business not outweigh public interest in orders – limited possible effect on third party not preclude corrective orders Acts Interpretation Act 1901 (Cth) s 8 Trade Practices Act 1974 (Cth) ss 51A, 80A, 83, 86C, 86C(2)(b), 86C(4), 87, 87(1A) Federal Court Act 1976 (Cth) s 21 Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Limited (No 2) [2003] FCAFC 163 Australian Competition and Consumer Commission v Danoz Direct Pty Ltd (2003) 60 IPR 296 Australian Competition and Consumer Commission v Dell Computers Pty Ltd (2002) ATPR 41-878 Australian Competition and Consumer Commission v Emerald Ocean Distributors Pty Ltd [2004] FCA 303 Australian Competition and Consumer Commission v Emerald Ocean Distributors Pty Ltd [2005] FCA 1703 Australian Competition and Consumer Commission v Hartwich [2002] FCA 273 Australian Competition and Consumer Commission v Health Partners Inc (1997) 151 ALR 662 Australian Competition and Consumer Commission v International Technology Holdings Pty Ltd (1997) 37 IPR 573 Australian Competition and Consumer Commission v Real Estate Institute of WA Inc (1999) 95 FCR 114 Australian Competition and Consumer Commission v The Tasmanian Salmonid Growers Association Ltd [2003] FCA 788 Hospital Contribution Fund of Australia Ltd v Switzerland Australia Health Fund Pty Ltd (1987) 78 ALR 483 Medibank Private Ltd v Cassidy (2002) 124 FCR 40 Mundine v Layton Taylor Promotions Pty Ltd (1981) ATPR 40-211 Trade Practices Commission v Santos Limited [1993] ATPR 41-221 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v EMERALD OCEAN DISTRIBUTORS PTY LTD, SLENDERTONE HEALTH AND BEAUTY PTY LTD and SEAN O'DONOGHUE WAD 118 of 2000 NICHOLSON J 17 MARCH 2006 PERTH