Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd [2011] FCA 301 Citation: Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd [2011] FCA 301
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v WILLESEE HEALTHCARE PTY LTD ACN 124 025 574, SOPHIE LEE-ANNE GEORGONICAS, THEOLIZA PTY LTD ACN 108 727 000, THETA LINE PTY LTD ACN 007 249 612, MARIA TERESA COLOSIMO, NEWLIFE PUBLISHING AND MARKETING PTY LTD ACN 123 522 074, RENEW YOU CENTRE FOR WELLBEING AND LONGEVITY PTY LTD ACN 123 027 074, BOJAN SCHIZNETZ and DZUNG KIEU PRICE
File number: VID 859 of 2010
Judge: DODDS-STREETON J
Date of judgment: 31 March 2011
Catchwords: TRADE PRACTICES – misleading and deceptive conduct in relation to diagnosis, treatment and cure of allergies by a method known as "Namburdripad Allergies Elimination Technique" – undertakings and final orders by consent – expert evidence tendered supporting declaratory relief sought – power to grant the injunction sought – relief granted.
Legislation: Competition and Consumer Act 2010 (Cth) Trade Practices Act 1975 (Cth), ss 52, 53(aa), 53(c) and 55A Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
Cases cited: Australian Competition and Consumer Commission (ACCC) v Allergy Pathway Pty Ltd [2009] FCA 960 Australian Competition and Consumer Commission (ACCC) v Cosic Holdings Pty Ltd [2009] FCA 1579 Australian Competition & Consumer Commission v Econovite Pty Ltd (2003) ATPR 41-959 Australian Competition and Consumer Commission (ACCC) v Jetplace Pty Ltd [2010] FCA 759 Australian Competition and Consumer Commission (ACCC) v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79; (1999) ATPR 41 673 Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Wallersteiner v Moir [1974] 1 WLR 991
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