Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 10) [2012] FCA 25

FEDERAL COURT OF AUSTRALIA

Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 10) [2012] FCA 25 Citation: Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 10) [2012] FCA 25

Parties: PAMPERED PAWS CONNECTION PTY LTD (ACN 116 460 621) (ON ITS OWN BEHALF AND IN A REPRESENTATIVE CAPACITY), ELIZABETH MARGARET MUIR CAMPBELL and LYNDA JANE ELIZABETH DONNELLY v PETS PARADISE FRANCHISING (QLD) PTY LTD (ACN 054 406 272), PETS PARADISE FRANCHISING (SA) PTY LTD (ACN 069 620 391), PETS PARADISE FRANCHISING (NSW) PTY LTD (ACN 060 679 647), GLOBAL PET PRODUCTS PTY LTD (ACN 005 666 599), PETS PARADISE (FRANCHISING) PTY LTD (ACN 006 626 455), PETS PARADISE PTY LTD (ACN 005 558 378), PARADISE RETAIL HOLDINGS PTY LTD (ACN 105 253 441) and GARY DIAMOND

File number: SAD 142 of 2008

Judge: MANSFIELD J

Date of judgment: 27 January 2012

Catchwords: TRADE PRACTICES – proposed franchise – misleading and deceptive conduct alleged by failure to disclose various matters in Disclosure Document – adequacy of disclosed information – whether non-disclosures alleged were made out – whether the consequence of prompt subsequent disclosure and opportunity to inspect documents meant any non-disclosure in Disclosure Document had caused no loss TRADE PRACTICES – exclusive dealing – third line forcing by franchisor of products supplied by related company – note s 47 amended from 1 July 2007 such conduct no longer included with s 47(6) – whether loss proved

Legislation: Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Trade Practices Legislation Amendment Act (No 1) 2006 (Cth)