Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] FCA 1079 Citation: Australian Competition and Consumer Commission v Metcash Trading Ltd [2011] FCA 1079
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v METCASH TRADING LIMITED ACN 000 031 569 and PICK N PAY RETAILERS (PTY) LTD
File number(s): NSD 1533 of 2011
Judge: JACOBSON J
Date of judgment: 20 September 2011
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction sought pending determination of appeal – consideration of serious question and balance of convenience – jurisdiction of Court to grant interim injunction relating to possible contravention of the Competition and Consumer Act 2010 (Cth) pending appeal – discussion of significance of failure to give undertaking as to damages
Legislation: Competition and Consumer Act 2010 (Cth), ss 50, 80 Federal Court of Australia Act 1976 (Cth), s 23 Australian Competition and Consumer Commission, Merger Review Process Guidelines (2006)
Cases cited: APM Investments Pty Ltd v Trade Practices Commission (1983) 49 ALR 475 Attorney-General (Cth) v Davids Holdings Pty Ltd (No 1) (1993) ATPR 41-210 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Competition and Consumer Commission v Metcash Trading Limited [2011] FCA 967 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2010] FCA 1478 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87 Trade Practices Commission v Santos Ltd (1992) 38 FCR 382
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