Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Samsung Electronics Australia Pty Limited v LG Electronics Australia Pty Limited (No 2) [2015] FCA 477 Citation: Samsung Electronics Australia Pty Limited v LG Electronics Australia Pty Limited (No 2) [2015] FCA 477
Parties: SAMSUNG ELECTRONICS AUSTRALIA PTY LIMITED (ACN 002 915 648) v LG ELECTRONICS AUSTRALIA PTY LIMITED (ACN 064 531 264)
File number: NSD 615 of 2011
Judge: NICHOLAS J
Date of judgment: 20 May 2015
Catchwords: CONSUMER LAW – whether final injunction should be granted restraining contravention of Australian Consumer Law where risk of repetition of contravening conduct slight –factors relevant to discretion to grant such relief – declarations and injunction granted – order for corrective advertising – whether utility in order for corrective advertising – relevance of effluxion of time – order for corrective advertising refused COSTS – where applicant achieves mixed results – appropriate costs order – applicant ordered to pay 50% of respondent's costs of proceeding to date including reserved costs but excluding costs the subject of any previous costs orders
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) Trade Practices Act 1974 (Cth) s 80
Cases cited: Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Gray v Richards (No 2) (2014) 315 ALR 1 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006) 154 FCR 425 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd (2010) 267 ALR 721 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 Tramanco Pty Ltd v BPW Transpec Pty Ltd (No 2) [2014] FCAFC 58 Unilever Australia Ltd v Goodman Fielder Consumer Foods Pty Ltd [2009] FCA 1305
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