GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2016] FCA 1196

GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2016] FCA 1196

Given the serious question to be tried in relation to alleged contraventions of the Australian Consumer Law, and Glaxo's likely inability to be adequately compensated by damages if the advertising resumes, combined with the balance of convenience overwhelmingly favouring the applicants, the Court grants interlocutory injunctive relief restraining Reckitt Benckiser from resuming the relevant advertising campaign until the final determination of the separate questions or further order.

Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Interlocutory Application / Determination of Interlocutory Injunctive Relief Prior to Final Hearing of Separate Questions
Outcome
Interlocutory injunction granted in favour of the applicants; respondent to pay the applicants' costs of the Interlocutory Application.
Legal Topics
['interlocutory Injunctions' 'misleading and Deceptive Conduct' 'false Representations' 'comparative Advertising' 'balance of Convenience']
['commercial Law' 'consumer Protection Law'] ['interlocutory Injunctions' 'misleading and Deceptive Conduct' 'false Representations' 'comparative Advertising' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Determination of Interlocutory Injunctive Relief Prior to Final Hearing of Separate Questions

Legal Issues

  1. 1 ['Whether the applicants are entitled to interlocutory injunctive relief restraining the respondent from resuming an advertising campaign alleged to be misleading or deceptive and in contravention of the Australian Consumer Law']

Ratio Decidendi

Given the serious question to be tried in relation to alleged contraventions of the Australian Consumer Law, and Glaxo's likely inability to be adequately compensated by damages if the advertising resumes, combined with the balance of convenience overwhelmingly favouring the applicants, the Court grants interlocutory injunctive relief restraining Reckitt Benckiser from resuming the relevant advertising campaign until the final determination of the separate questions or further order.

Court Disposition

Interlocutory injunction granted in favour of the applicants; respondent to pay the applicants' costs of the Interlocutory Application.

Orders

  • ['Applicants, by their Counsel, undertake to pay such order of compensation as the Court may direct for any person adversely affected by the operation or continuation of the interlocutory order.' "From the expiration of the respondent's earlier undertaking, and until final determination of the separate questions or...