Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2008] FCA 575

Jarra Creek Central Packing Shed Pty Ltd v Amcor Limited [2008] FCA 575

The incorrect attribution to the ACCC of alleged overcharge figures was an important misrepresentation because the ACCC's view would likely carry significant weight with group members and could affect opt out decisions. An inter partes undertaking not to repeat the statement was insufficient; the integrity of the opt out process required a correcting notice and a one-month extension of the opt out deadline. However, an injunction and affidavit order were unnecessary because no sufficient basis was shown for further similar statements and Maurice Blackburn had offered an undertaking.

Jurisdiction
Australia
Judgment Date
29 April 2008
Procedural Posture
Representative Proceeding Seeking Damages and Compensation for Alleged Cartel Arrangements / Interlocutory Notice of Motion by the Fourth to Sixth Respondents Concerning the Opt Out Process and Corrective Publication
Outcome
Application granted in part; correcting notice ordered, opt out deadline extended, other relief dismissed, correcting notice costs to be borne by the applicant, application costs reserved.
Legal Topics
['opt Out Process' 'communications With Group Members' 'correcting Notice' 'alleged Cartel Overcharge' 'court Supervision of Representative Proceedings']
['representative Proceedings' 'civil Procedure' 'competition Law'] ['opt Out Process' 'communications With Group Members' 'correcting Notice' 'alleged Cartel Overcharge' 'court Supervision of Representative Proceedings']

Case Brief

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Procedural Posture

Representative Proceeding Seeking Damages and Compensation for Alleged Cartel Arrangements / Interlocutory Notice of Motion by the Fourth to Sixth Respondents Concerning the Opt Out Process and Corrective Publication

Legal Issues

  1. 1 ["Whether public statements by the applicant's solicitor attributing alleged overcharge figures to the ACCC were inaccurate or misleading to group members during the opt out period." 'Whether the integrity of the opt out process required publication of a correcting notice and extension of the opt out deadline.' 'Whether Maurice Blackburn should be restrained from repeating the statements or required to file affidavit evidence identifying other press statements.']

Ratio Decidendi

The incorrect attribution to the ACCC of alleged overcharge figures was an important misrepresentation because the ACCC's view would likely carry significant weight with group members and could affect opt out decisions. An inter partes undertaking not to repeat the statement was insufficient; the integrity of the opt out process required a correcting notice and a one-month extension of the opt out deadline. However, an injunction and affidavit order were unnecessary because no sufficient basis was shown for further similar statements and Maurice Blackburn had offered an undertaking.

Court Disposition

Application granted in part; correcting notice ordered, opt out deadline extended, other relief dismissed, correcting notice costs to be borne by the applicant, application costs reserved.

Orders

  • ['The applicant, by its legal representatives, issue a notice ("the Correcting Notice") in accordance with these reasons.' 'The opt out date in this proceeding, previously set by Order 1 of 13 March 2008, be extended from 4 pm on 30 April 2008 to 4 pm on 30 May 2008.' 'The application be otherwise dismissed.' 'The...