Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nick Scali Limited v Super A-Mart Pty Ltd (No 2) [2011] FCA 1500 Citation: Nick Scali Limited v Super A-Mart Pty Ltd (No 2) [2011] FCA 1500
Parties: NICK SCALI LIMITED (ACN 009 403 896) v SUPER A-MART PTY LTD (ACN 009 810 324)
File number(s): NSD 1142 of 2010
Judge: YATES J
Date of judgment: 23 December 2011
Catchwords: CONSUMER PROTECTION – comparative advertising – misleading or deceptive conduct – false representations –whether declaratory relief should be granted – final injunctive relief to be granted – whether there is utility in also granting a declaration COSTS – apportionment of costs – where measure of success on both sides
Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 43(2) Trade Practices Act 1974 (Cth) s 52
Cases cited: Dynamic Supplies Pty Limited v Tonnex International Pty Limited (No 2) [2011] FCA 675 Nick Scali Limited v Super A-Mart Pty Ltd [2011] FCA 751 Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 World Series Cricket Pty Ltd v Parish (1977) 16 ALR 181
Date of hearing: 14 December 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: Mr S Burley SC with Mr P Maddigan
Solicitor for the Applicant: DLA Piper
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