Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PR Polymers Pty Ltd v MTI Group Pty Ltd [2015] FCA 768 Citation: PR Polymers Pty Ltd v MTI Group Pty Ltd [2015] FCA 768
Parties: PR POLYMERS PTY LTD (ACN 097 405 984) v MTI GROUP PTY LTD (ACN 137 112 326); MTI GROUP PTY LTD (ACN 137 112 326) v PR POLYMERS PTY LTD (ACN 097 405 984)
File number(s): WAD 276 of 2015
Judge(s): SIOPIS J
Date of judgment: 2 July 2015
Catchwords: CONSUMER LAW – interlocutory injunctions – misleading or deceptive conduct in contravention of s 18 and s 29(a) of the Australian Consumer Law – whether packaging of blastbag product was misleading by representing that the product was not flammable – whether statements in material safety data sheet about the product were misleading or deceptive – balance of convenience – weight to be given to claim that the alleged misrepresentation as to the flammability of the product posed a risk to public health and safety – where documents disparaging rival's products were distributed to customers.
Legislation: Australian Consumer Law ss 18, 29(a)
Cases cited: AAP Telecommunications Pty Ltd v Telstra Corporation Ltd (1997) 38 IPR 650
Date of hearing: 2 July 2015
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 55
Counsel for the Applicant: Mr M Howard SC and Mr W Zappia
Solicitor for the Applicant: Jackson McDonald
Counsel for the Respondent: Mr K de Kerloy and Ms M Guy
Solicitor for the Respondent: Herbert Smith Freehills
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 276 of 2015
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