Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 6) [2014] FCA 1035

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 6) [2014] FCA 1035 Citation: Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 6) [2014] FCA 1035

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SENSASLIM AUSTRALIA PTY LTD (IN LIQUIDATION) ACN 140 333 133, PETER CLARENCE FOSTER, PETER LESLIE O'BRIEN, ADAM TROY ADAMS and MICHAEL ANTHONY BOYLE

File number(s): NSD 1163 of 2011

Judge YATES J

Date of judgment: 26 September 2014

Catchwords: PRACTICE AND PROCEDURE – declaratory relief – whether failure to consider in principal judgment causes of action said to have been pleaded and advanced at trial

Legislation: Trade Practices Act 1974 (Cth) ss 52, 59 Competition and Consumer Act 2010 (Cth) Sch 2 s 18 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) [2014] 98 ACSR 347; [2014] FCA 340 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2005) 236 ALR 665 Australian Competition and Consumer Commission v P & N Pty Ltd (2014) ATPR ¶42-460 Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (in liquidation) [2005] FCA 1212 Fraser v NRMA Holdings Limited (1995) 55 FCR 452 R v Goldie; Ex parte Pecklum [1937] 59 CLR 254 Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 Winterton Constructions v Hambros Australia (1992) 39 FCR 97 Miller's Australia in Competition and Consumer Law Annotated (34th ed, Thomson Reuters, 2012)