Australian Competition & Consumer Commission v Trading Post Australia Pty Limited [2009] FCA 828

Australian Competition & Consumer Commission v Trading Post Australia Pty Limited [2009] FCA 828

Given Google's admissions regarding knowledge held by its relevant employees and the provision of its evidence relating to s 85(3), the interests of justice did not require further discovery or answers to interrogatories. The applicant's motion was therefore dismissed, and costs were awarded to Google.

Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Civil / Interlocutory Application—motion for Further Discovery or Interrogatories
Outcome
Applicant's motion dismissed; costs awarded to the second respondent
Legal Topics
['discovery and Interrogatories' 'misleading or Deceptive Conduct' 'defence Under S 85(3) Trade Practices Act 1974']
['competition and Consumer Law'] ['discovery and Interrogatories' 'misleading or Deceptive Conduct' 'defence Under S 85(3) Trade Practices Act 1974']

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Procedural Posture

Civil / Interlocutory Application—motion for Further Discovery or Interrogatories

Legal Issues

  1. 1 ["Whether the Court should order further discovery or administration of interrogatories regarding Google's defence under s 85(3) of the Trade Practices Act 1974" 'Whether Google must provide more information about knowledge or reasons to suspect contraventions']

Ratio Decidendi

Given Google's admissions regarding knowledge held by its relevant employees and the provision of its evidence relating to s 85(3), the interests of justice did not require further discovery or answers to interrogatories. The applicant's motion was therefore dismissed, and costs were awarded to Google.

Court Disposition

Applicant's motion dismissed; costs awarded to the second respondent

Orders

  • ['The motion be dismissed.' 'Until further order, the publication of the information contained in paragraphs 15 to 18 of the extract of the affidavit of Katherine Nicole Fowler sworn on 9 March 2009 and access to those paragraphs, be restricted to named persons/roles as specified in the order.' 'The applicant to pay...