Sexpo Pty Ltd v Collective Shout Limited [2018] FCA 544

Sexpo did not establish that it held a reasonable belief that it had suffered harm to its commercial reputation as a result of Collective Shout's alleged representations; the application for preliminary discovery was therefore dismissed.

Jurisdiction: Australia
Judgment Date: 24 April 2018
Procedural Posture: Application for Preliminary Discovery / Judgment on Application for Preliminary Discovery
Outcome: application dismissed
Legal Topics: ['preliminary Discovery' 'misleading and Deceptive Conduct' 'trade or Commerce' 'loss or Damage to Reputation']

['practice and Procedure' 'consumer Law'] ['preliminary Discovery' 'misleading and Deceptive Conduct' 'trade or Commerce' 'loss or Damage to Reputation']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Judgment on Application for Preliminary Discovery

Legal Issues

1 ['Whether the prospective applicant held a reasonable belief that it may have a right to obtain relief against the prospective respondent under s 18 of the Australian Consumer Law' 'Whether the prospective applicant had made reasonable enquiries' 'Whether the documents sought are directly relevant to the question of right to relief' "Whether the alleged conduct was 'in trade or commerce'" 'Whether actual loss or damage was established']

Ratio Decidendi

Court Disposition

application dismissed

Orders

['The application for preliminary discovery filed by the prospective applicant on 4 August 2017 is dismissed.']