Femcare Limited v Bright &Anor S110/2000

Femcare Limited (the applicant) sought to strike out the defence and enter summary judgment against the respondents, Bright and Anor, in proceedings before Gummow J in the High Court of Australia. The dispute concerned allegations of misleading and deceptive conduct in contravention of section 52 of the *Trade Practices Act 1974* (Cth).

The primary legal issue before the Court was whether the respondents' defence disclosed a real question to be tried, or whether it was so manifestly deficient that it should be struck out. This involved considering whether the defence raised a genuine dispute regarding the applicant's alleged misleading and deceptive conduct, or whether it was a sham or an abuse of process.

Gummow J considered the nature of the defence filed by the respondents and the evidence presented by the applicant. His Honour applied the principles governing summary judgment applications, which require the applicant to demonstrate that the defence has no real prospect of success. The Court's reasoning focused on whether the defence, as pleaded, could potentially defeat the applicant's claim, taking into account the relevant provisions of the *Trade Practices Act 1974* and the established case law on misleading and deceptive conduct.

The application for summary judgment was dismissed.