Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 Citation: Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ACN 117 372 915 PTY LIMITED (IN LIQUIDATION), ACN 095 238 645 PTY LTD (IN LIQUIDATION), JACOV VAISMAN, BRIAN LONERGAN, JAMES VANDELEUR, NRM CORPORATION PTY LTD (ACN 151 468 601) and NRM TRADING PTY LTD (ACN 151 469 493)

File number: VID 1113 of 2010

Judge: MOSHINSKY J

Date of judgment: 17 December 2015

Catchwords: CONTEMPT OF COURT – whether orders were "clear and unambiguous" and hence capable on founding contempt charge – construction of orders – whether regard may be had to reasons of trial judge – whether respondents' advertisements and website statements were statements as to "efficacy" of treatments

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 21 Federal Court of Australia Act 1976 (Cth), s 31(1) Federal Court Rules 2011 (Cth), r 41.06; r 42.11(1); r 42.12; Div 42.2 Judiciary Act 1903 (Cth), s 24 Trade Practices Act 1974 (Cth), s 51AB

Cases cited: Advan Investments Pty Ltd v Dean Gleeson Motor Sales Pty Ltd [2003] VSC 201 Athens v Randwick City Council (2005) 64 NSWLR 58 Australasian Meat Industry Employees' Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1087 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Energy Ltd v Lennard Oil NL (No 2) [1988] 2 Qd R 230 Construction, Forestry, Mining and Energy Union v Boral Resources (Vic) Pty Ltd (2015) 320 ALR 448 Hurd v Zomojo Pty Ltd [2015] FCAFC 148 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 NRM Trading Pty Ltd v Australian Competition and Consumer Commission [2015] FCA 595 Siminton v Australian Prudential Regulation Authority (2006) 152 FCR 129 Universal Music Australia Pty Ltd v Sharman Networks Ltd (2006) 150 FCR 110 Witham v Holloway (1995) 183 CLR 525 Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78