Astra Resources Plc v Full Exposure Pty Ltd [2012] FCA 1061

Astra Resources Plc v Full Exposure Pty Ltd [2012] FCA 1061

Astra Resources established a prima facie case or serious question to be tried that Full Exposure's website contained representations that are misleading or deceptive or likely to mislead or deceive in contravention of s 18 of the Australian Consumer Law. The statements could cause substantial damage for which damages are inadequate, and there is no evidence of loss to the respondent if restrained. It is sufficiently arguable that the statements were made 'in trade or commerce'. The balance of convenience favours granting the interlocutory injunction, upon usual undertaking as to damages.

Jurisdiction
Australia
Judgment Date
03 October 2012
Procedural Posture
Interlocutory Injunction Application / Decision on Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted upon undertaking as to damages
Legal Topics
['interlocutory Injunctions' 'misleading or Deceptive Conduct' 'section 18 of the Australian Consumer Law' 'trade or Commerce']
['practice and Procedure' 'consumer Law'] ['interlocutory Injunctions' 'misleading or Deceptive Conduct' 'section 18 of the Australian Consumer Law' 'trade or Commerce']

Case Brief

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Procedural Posture

Interlocutory Injunction Application / Decision on Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain publication of alleged misleading or deceptive statements under s 18 Australian Consumer Law' "Whether respondent's conduct was 'in trade or commerce' for the purposes of s 18" 'Whether applicant has established a prima facie case or serious question to be tried' 'Whether balance of convenience favours granting the injunction']

Ratio Decidendi

Astra Resources established a prima facie case or serious question to be tried that Full Exposure's website contained representations that are misleading or deceptive or likely to mislead or deceive in contravention of s 18 of the Australian Consumer Law. The statements could cause substantial damage for which damages are inadequate, and there is no evidence of loss to the respondent if restrained. It is sufficiently arguable that the statements were made 'in trade or commerce'. The balance of convenience favours granting the interlocutory injunction, upon usual undertaking as to damages.

Court Disposition

Interlocutory injunction granted upon undertaking as to damages

Orders

  • ['The respondent, its servants, agents and employees remove all references to the applicant from the website Wikifrauds.net or any other website operated by it including by way of links to material on the internet.' 'The respondent, its servants, agents and employees be restrained from directly or indirectly making...