Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SGS Australia Pty Ltd v Australian Laboratory Services Pty Ltd [2012] FCA 711 Citation: SGS Australia Pty Ltd v Australian Laboratory Services Pty Ltd [2012] FCA 711
Parties: SGS AUSTRALIA PTY LTD (ACN 000 964 278) and SGS GROUP MANAGEMENT SA v AUSTRALIAN LABORATORY SERVICES PTY LTD (ACN 009 936 029)
File number: WAD 10 of 2010
Judge: LANDER J
Date of judgment: 6 July 2012
Catchwords: CONTRACTS – breach of licence agreement – whether term of licence agreement extended by conduct – restraint of trade clause – non-competition clause – scope of non-competition clause after transfer of rights – agreement not to copy, duplicate, imitate or reverse-engineer – confidentiality undertaking EQUITY – breach of equitable obligation of confidence TRADE PRACTICES – misleading and deceptive conduct – false or misleading representations – brochure advertising respondent's product – express and implied representations
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law s 232 Trade Practices Act 1974 (Cth) ss 52, 53(c), 53(d), 53(g), 80 Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Sch 7, Item 7(2)
Cases cited: Amoco Australia Pty Ltd v Rocca Bros Motor Engineering Co Pty Ltd (1973) 133 CLR 288 Butt v Long (1953) 88 CLR 476 Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 Codelfa Construction Proprietary Limited v State Railway Authority of New South Wales (1982) 149 CLR 337 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165
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