Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd [2013] FCA 119 Citation: Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd [2013] FCA 119
Parties: PARMALAT AUSTRALIA PTY LTD (ACN 072 928 879) and PARMALAT FOOD PRODUCTS PTY LTD (ACN 137 191 354) v VIP PLASTIC PACKAGING PTY LTD (ACN 095 313 705), BRICKWOOD (VIC) PTY LTD (ACN 004 755 819) and BRICKWOOD (QLD) PTY LTD (ACN 086 665 938)
File number: QUD 76 of 2013
Judge: COLLIER J
Date of judgment: 22 February 2013
Catchwords: COMPETITION – application for mandatory interlocutory injunctions under Competition and Consumer Act 2010 (Cth) s 80(2) – allegations of exclusive dealing contravening s 47(1) – purpose – consideration of principles in Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission (2003) 131 FCR 529 – nature of market – substantially lessening competition – adequacy of evidence PRACTICE AND PROCEDURE – principles relevant to mandatory interlocutory injunctions – whether higher degree of assurance necessary – principles in Businessworld Computers Pty Ltd v Australian Telecommunications Commissioner (1988) 82 ALR 499 considered – prima facie case – serious question to be tried – damages not adequate remedy – balance of convenience
Legislation: Competition and Consumer Act 2010 (Cth) ss 4F(1), 46(1), 47, 47(1), 47(3), 47(10), 47(13), 80(2) Federal Court of Australia Act 1976 (Cth) ss 21, 23 Trade Practices Act 1974 (Cth) s 47
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