Federal Court of Australia
Federal Court of Australia
State of Escape Accessories Pty Limited v Schwartz (No 2) [2020] FCA 1778 File number: VID 521 of 2018
Judgment of: DAVIES J
Date of judgment: 11 December 2020
Catchwords: CONSUMER LAW – orders for relief for misleading and deceptive conduct under the Australian Consumer Law (ACL) – declarations made – where inter partes undertakings previously given regarding contravening conduct – injunction granted despite undertakings – order for damages under s 236(1) of the ACL – orders made for inquiry as to quantum of damages COSTS – apportionment of costs
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law ss 236(1), 232(4)
Cases cited: Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Samsung Electronics Australia Pty Ltd v LG Electronics Australia Pty Ltd (No 2) [2015] FCA 477 State of Escape Accessories Pty Limited v Schwartz [2020] FCA 1606
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 11
Date of hearing: 3 December 2020
Counsel for the Applicant: Mr B Caine QC with Ms N Hickey
Solicitor for the Applicant: Mills Oakley
Counsel for the Respondents: Mr L Merrick with Mr M Fleming
Solicitor for the Respondents: Gadens Lawyers
ORDERS VID 521 of 2018
BETWEEN: STATE OF ESCAPE ACCESSORIES PTY LIMITED (ACN 163 053 665) Applicant
AND: STEFANIE ARIANNE SCHWARTZ First Respondent
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