Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samsung Electronics Australia Pty Ltd v LG Electronics Australia Pty Ltd [2011] FCA 664 Citation: Samsung Electronics Australia Pty Ltd v LG Electronics Pty Ltd [2011] FCA 664
Parties: SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED v LG ELECTRONICS AUSTRALIA PTY LIMITED
File number: NSD 615 of 2011
Judge: RARES J
Date of judgment: 18 May 2011
Catchwords: TRADE PRACTICES – application for interim injunctions under s 234 of the Australian Consumer Law to prevent publication of advertisements pending application for permanent injunction under s 232 – whether advertisements conveyed representations that were misleading or deceptive or likely to mislead or deceive contrary to s 18 of the Australian Consumer Law – characteristics of class or classes of ordinary reasonable viewers – effect of conduct complained of on such viewers – use of tests for ordinary reasonable viewer in proceedings for defamation Held: application for interim injunctions refused
Legislation: Australian Consumer Law ss 18, 232, 234 Competition and Consumer Act 2010 (Cth) Sch 2 Trade Practices Act 1974 (Cth)
Cases cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 followed Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 followed Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 followed Knight v Beyond Properties Pty Ltd (2007) 242 ALR 586 considered Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 followed
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