Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v IVF Finance Pty Limited [2021] FCA 1266 File number: VID 587 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 14 October 2021
Catchwords: PRACTICE AND PROCEDURE – interim injunction – application by the Australian Competition and Consumer Commission for interim injunction (until the hearing and determination of application for interlocutory injunction) to restrain the first respondent from acquiring an IVF business from the second respondent – where the Commission contended that the acquisition would contravene s 50 of the Competition and Consumer Act 2010 (Cth) – whether prima facie case established – whether balance of convenience favoured grant of injunction – interim injunction granted
Legislation: Competition and Consumer Act 2010 (Cth), ss 50, 80
Cases cited: Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) (2011) 253 ALR 324 Australian Competition and Consumer Commission v Pacific National Pty Ltd (2020) 277 FCR 49 Australian Competition and Consumer Commission v Pacific National Pty Ltd [2018] FCA 1221
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Number of paragraphs: 29
Date of hearing: 14 October 2021
Counsel for the Applicant: Mr PW Collinson QC with Ms C van Proctor and Mr NC Dour
Solicitor for the Applicant: DLA Piper
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