Commissioner for Fair Trading v Microwave Safe Australia Pty Ltd & Anor [2006] NSWSC 287

New South Wales Supreme Court

CITATION : Commissioner for Fair Trading v Microwave Safe Australia Pty Ltd & Anor [2006] NSWSC 287

HEARING DATE(S) : 8, 9, 10, 13, 14 March 2006

JUDGMENT DATE : 19 April 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : (1) Declarations as sought in paras 1(a), 1(c), 1(e), 1(f) and paras 2 and 3 of the summons; (2) Order as sought in para 5 of the summons, save for the inclusion in (b) after the word "tested" of the word "regularly"; (3) Order as sought in para 6 of the summons, save, again, for the addition in (b) after the word "tested" of the word "regularly"; (4) Order that the defendants pay the plaintiff's costs; (5) To enable the parties the opportunity of being heard as to the form of the corrective advertisement the Court intends to order, the matter be listed for mention on 26 April 2006.

Electricity (Consumer Safety) Act, 2004 LEGISLATION CITED : Electricity Safety Act, 1945 Fair Trading Act, ss, 42, 44, 62, 65, 67 Occupational Health and Safety Act

Aaron's Reefs Limited v Twiss (1896) AC 273 Adler v ASIC (2003) 179 FLR 1 Australian Competition and Consumer Commission v Top. Snackfoods Pty Limited & Ors (1999) ATPR 41-708 Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 Domain Names v .au Domain Administration (2004) 139 FLR 215 Global Sportsman Pty Limited v Mirror Newspapers (1984) 2 FLR 82 CASES CITED : Heydon, Trade Practices Law Hornsby Building Information Centre v Sydney Building Information Centre (1978) 140 CLR Medical Benefits Fund of Australia Limited v Cassidy (2003) 135 FCR 1 Rural Press Limited v The ACCC (2003) 216 CLR 53 Siddons Pty Limited v The Stanley Works Pty Limited (1991) 29 FCR 14 Taco Co. v Taco Bell (1982) 42 ALR 177 World Series Cricket Pty Limited v Parish (1977) 16 ALR 181