Australian Competition & Consumer Commission v Trading Post Australia Pty Ltd [2010] FCA 262

Australian Competition & Consumer Commission v Trading Post Australia Pty Ltd [2010] FCA 262

Leave to amend should be granted as the matters raised by the respondent can be sufficiently addressed in final submissions and/or further hearing, without prejudicing the respondent, provided the respondent may later call further evidence as to compliance if necessary.

Parties
Applicant: Australian Competition & Consumer Commission; First Respondent: Trading Post Australia Pty Limited; Second Respondent: Google Inc
Jurisdiction
Australia
Judgment Date
17 March 2010
Procedural Posture
Civil / Interlocutory (application to Amend at Final Hearing)
Outcome
Leave to amend application granted; costs reserved.
Legal Topics
Application to Amend Pleadings, Injunctive Relief, Compliance With Injunctive Orders, Section 52 Misrepresentation
Competition Law Consumer Law Application to Amend Pleadings Injunctive Relief Compliance With Injunctive Orders Section 52 Misrepresentation

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Parties

Australian Competition & Consumer Commission

Applicant

Trading Post Australia Pty Limited

First Respondent

Google Inc

Second Respondent

Procedural Posture

Civil / Interlocutory (application to Amend at Final Hearing)

Legal Issues

  1. 1 Whether leave should be granted to amend the application to seek additional claims for injunctive relief against Google Inc
  2. 2 Whether the proposed injunctions are beyond power or inappropriate in form
  3. 3 Whether the proposed injunctions lack clarity

Ratio Decidendi

Leave to amend should be granted as the matters raised by the respondent can be sufficiently addressed in final submissions and/or further hearing, without prejudicing the respondent, provided the respondent may later call further evidence as to compliance if necessary.

Court Disposition

Leave to amend application granted; costs reserved.

Orders

  • The applicant is granted leave to amend the Second Further Amended Application to include the additional claims for injunctive relief set out in the document marked MFI-2.
  • The costs occasioned by the amendment are reserved.