Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607

FEDERAL COURT OF AUSTRALIA

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607 File number(s): QUD 883 of 2016

Judge(s): GREENWOOD J

Date of judgment: 24 October 2018

Catchwords: PRACTICE AND PROCEDURE – consideration of the final form of the relief to be granted arising out of the trial of the separate questions consequent upon the Judgment published in relation to the separate questions described as Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479

Legislation: Competition and Consumer Act 2010 (Cth), schedule 2, ss 18, 29, 232 Date of hearing: 28 September 2018

Date of last submissions: 12 October 2018

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Economic Regulator, Competition and Access

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: Mr N H Ferrett

Solicitor for the Applicant: Kalus Kenny Intelex

Counsel for the Respondent: Mr S Forrest

Solicitor for the Respondent: Rojas Lawyers

ORDERS QUD 883 of 2016

BETWEEN: FLOGINEERING PTY LTD (ACN 115 962 822) Applicant

AND: BLU LOGISTICS SA PTY LTD (ACN 600 595 382) (and others named in the Schedule) First Respondent

JUDGE: GREENWOOD J DATE OF ORDER: 24 OCTOBER 2018

THE COURT DECLARES THAT:

1. Each of the respondents, by affixing the number "No 5/6E/13A" (an "Approval Number" issued pursuant to the National Measurement Regulations 1999 (Cth) (the "Regulations") made under the provisions of the National Measurement Act 1960 (Cth)) to a measuring instrument described as a milk flowmeter, engaged in misleading or deceptive conduct or conduct likely to mislead or deceive either milk processors or dairy farmers or both because such conduct constituted a representation that the person who had affixed the Approval Number to the particular milk flowmeter installed on the particular tankers as described in Schedule 1 below in respect of each relevant respondent, was someone authorised to do so under an approval issued under the Regulations when that person was not so authorised in accordance with that approval. 2. The conduct of each respondent as described in Declaration 1 constitutes conduct in contravention of Section 18 of the Australian Consumer Law and Sections 29(1)(e) and 29(1)(g) of the Australian Consumer Law.