Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parker trading as On Grid Off Grid Solar v Switchee Pty Ltd trading as Australian Solar Quotes (No 2) [2019] FCA 79 File number: NSD 763 of 2017
Judge: GLEESON J
Date of judgment: 8 February 2019
Catchwords: CONSUMER LAW – damages for contraventions of ss 18, 21 and 29(1)(h) of the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – where respondent's contraventions allegedly suppressed success of applicant's solar panel installation business – whether damage proven – quantification of damage to business, through past hypothetical or loss of chance analysis
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth) ss 18, 21, 29(1)(h), 236
Cases cited: Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [2018] FCAFC 183; (2018) 361 ALR 248 H Lundbeck A/S v Sandoz Pty Ltd [2018] FCA 1797 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 O'Neill v Medical Benefits Fund of Australia [2002] FCAFC 188; (2002) 122 FCR 455 Parker trading as On Grid Off Grid Solar v Switchee Pty Ltd trading as Australian Solar Quotes [2018] FCA 479 Placer (Granny Smith) Pty Ltd v Thiess Contractors Pty Ltd [2003] HCA 10; 196 ALR 257 Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332
Date of hearing: 18 June 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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