Australian Competition and Consumer Commission v Vassallo [2009] FCA 954

Australian Competition and Consumer Commission v Vassallo [2009] FCA 954

It is appropriate to grant declaratory relief and injunctive relief by consent marking disapproval of respondents' false, misleading and deceptive representations made via websites and e-books regarding purported cures, as supported by the evidence and policy objectives of the Trade Practices Act.

Jurisdiction
Australia
Judgment Date
20 August 2009
Procedural Posture
Civil / Final Hearing
Outcome
Declaration generally granted; interim injunctions dissolved; final injunctions and costs order made.
Legal Topics
['declaratory Relief' 'injunctive Relief' 'misleading and Deceptive Conduct']
['trade Practices' 'consumer Protection'] ['declaratory Relief' 'injunctive Relief' 'misleading and Deceptive Conduct']

Case Brief

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Procedural Posture

Civil / Final Hearing

Legal Issues

  1. 1 ["Whether declaratory relief marking disapproval of respondents' conduct is appropriate" 'Whether injunctive relief by consent should be granted under s 80(1AA) of Trade Practices Act' 'Whether representations made via websites and e-books were false, misleading or deceptive']

Ratio Decidendi

It is appropriate to grant declaratory relief and injunctive relief by consent marking disapproval of respondents' false, misleading and deceptive representations made via websites and e-books regarding purported cures, as supported by the evidence and policy objectives of the Trade Practices Act.

Court Disposition

Declaration generally granted; interim injunctions dissolved; final injunctions and costs order made.

Orders

  • ['Matter stands over for short minutes of order to be brought in at 2pm on Monday 24 August 2009.' 'Declaration granted as to false, misleading or deceptive representations between June 2008 and July 2009.' 'Interim injunctions dissolved.' 'Injunctions granted in terms proposed by applicant.' "Respondents to pay...