Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nextra Australia Pty Limited v Fletcher [2014] FCA 399 Citation: Nextra Australia Pty Limited v Fletcher [2014] FCA 399
Parties: NEXTRA AUSTRALIA PTY LIMITED (ACN 070 924 677) v MARK TIMOTHY FLETCHER
File number: QUD 146 of 2011
Judge: COLLIER J
Date of judgment: 24 April 2014
Catchwords: CONSUMER LAW – injunction sought to restrain alleged misleading or deceptive conduct – s 18 and s 232 Australian Consumer Law – promotional flyer published by franchisor of newsagent franchise – online blog article critical of flyer – online blog authored by director and co-owner of rival franchise group – whether article was conduct in trade or commerce – whether flyer was misleading or deceptive – class of consumers likely to be misled – whether article made imputations claimed by applicant – whether imputations misleading or deceptive or likely to mislead or deceive – whether Court's discretion should be exercised in favour of granting injunction – whether Court should order retraction of article or apology
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 232, 237 Trade Practices Act 1974 (Cth) s 52
Cases cited: Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 304 ALR 186; [2013] HCA 54 Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 Fasold v Roberts (1997) 70 FCR 489 Firewatch Australia Pty Ltd v Country Fire Authority (1999) 93 FCR 520 Forest v Queensland Health [2007] FCA 1236 Jones v Scully (2001) 113 FCR 343 Jones v Toben [2002] FCA 1150 Jones on behalf of the Executive Council of Australian Jewry v The Bible Believers' Church [2007] FCA 55 King Furniture Australia v Dare Gallery [2007] FCA 1845 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 Petty v Penfold Wines Pty Ltd [1993] ATPR 41-263 Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd (No 3) [2011] FCA 1122 Toben v Jones (2012) 298 ALR 203; [2012] FCA 1193 Universal Music Australia Pty Ltd v Cooper (2005) 150 FCR 1
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