Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 11) [2013] FCA 241

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 11) [2013] FCA 241 Citation: Pampered Paws Connection Pty Ltd (on its own behalf and in a Representative Capacity) v Pets Paradise Franchising (Qld) Pty Ltd (No 11) [2013] FCA 241

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: 19 March 2013

Catchwords: TRADE PRACTICES – franchise – limited findings of conduct by franchisor of engaging in misleading and deceptive conduct and exclusive dealing – whether established that applicants suffered any loss or damage by the contravention TRADE PRACTICES – exclusive dealing – no damage suffered by contravention – whether declaratory order should be made – relevance of declaratory order to group members in representative proceeding REPRESENTATIVE PROCEEDING – findings largely depended on particular circumstances relating to one member of group – need to address in detail individual circumstances of group members – whether order should be made under s 33N that proceeding should no longer continue as representative proceeding