Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607

The respondents, by affixing Approval Number 'No 5/6E/13A' to milk flowmeters without proper authority, engaged in misleading or deceptive conduct and made false representations breaching ss 18, 29(1)(e) and 29(1)(g) of the Australian Consumer Law, warranting declarations and injunctions restraining such conduct...

Source-derived case information.

Parties
Applicant: Flogineering Pty Ltd (ACN 115 962 822); First Respondent: Blu Logistics SA Pty Ltd (ACN 600 595 382); Second Respondent: Wastell Milk Haulage Pty Ltd (ACN 147 389 302); Third Respondent: Wadene Pty Ltd (ACN 010 248 307); Fourth Respondent: JR Bulk Liquid Transport Pty Ltd (ACN 143 639 276); Fifth Respondent: Jurss Robertson Pty Ltd (ACN 114 767 734)
Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Commercial and Corporations / Post Judgment in Determination of Form of Relief and Orders Following Principal Judgment on Separate Questions
Outcome
Declarations of contravention; injunctive relief granted; costs reserved; matter listed for further case management
Legal Topics
Misleading or Deceptive Conduct, Statutory Injunctions, Australian Consumer Law Contraventions, Measurement Approvals
Competition Law Consumer Protection Law Commercial Law Misleading or Deceptive Conduct Statutory Injunctions Australian Consumer Law Contraventions Measurement Approvals

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Summary, issues, holding and outcome

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Parties

Flogineering Pty Ltd (ACN 115 962 822)

Applicant

Blu Logistics SA Pty Ltd (ACN 600 595 382)

First Respondent

Wastell Milk Haulage Pty Ltd (ACN 147 389 302)

Second Respondent

Wadene Pty Ltd (ACN 010 248 307)

Third Respondent

JR Bulk Liquid Transport Pty Ltd (ACN 143 639 276)

Fourth Respondent

Jurss Robertson Pty Ltd (ACN 114 767 734)

Fifth Respondent

Procedural Posture

Commercial and Corporations / Post Judgment in Determination of Form of Relief and Orders Following Principal Judgment on Separate Questions

Legal Issues

  1. 1 Whether respondents engaged in misleading or deceptive conduct by affixing approval numbers to milk flowmeters without proper authority
  2. 2 Scope and proper framing of declarations and injunctions pursuant to Australian Consumer Law ss 18, 29(1)(e), 29(1)(g), and 232

Ratio Decidendi

The respondents, by affixing Approval Number 'No 5/6E/13A' to milk flowmeters without proper authority, engaged in misleading or deceptive conduct and made false representations breaching ss 18, 29(1)(e) and 29(1)(g) of the Australian Consumer Law, warranting declarations and injunctions restraining such conduct until expiry or amendment of the approval.

Court Disposition

Declarations of contravention; injunctive relief granted; costs reserved; matter listed for further case management

Orders

  • Each respondent declared to have engaged in misleading or deceptive conduct by affixing Approval Number 'No 5/6E/13A' without authority.
  • Conduct constitutes contravention of ss 18, 29(1)(e) and 29(1)(g) of the ACL.