Samsung Electronics Australia Pty Limited v LG Electronics Australia Pty Limited (No 2)

Samsung Electronics Australia Pty Limited sought relief from LG Electronics Australia Pty Limited for alleged breaches of the Australian Consumer Law. The dispute centred around LG's marketing claims about their Cinema 3D TV technology, which Samsung argued were misleading and could cause consumer harm. The Federal Court was tasked with determining whether LG had contravened the law and what, if any, relief should be granted to Samsung.

The court was required to decide whether a final injunction should be granted to prevent LG from continuing the allegedly misleading conduct. It also had to consider whether an order for corrective advertising was appropriate, despite the passage of time since the alleged misleading conduct. Furthermore, the court needed to determine the appropriate costs order given Samsung's mixed outcomes in the proceedings.

The court found that LG had indeed contravened the Australian Consumer Law through its misleading representations. However, the risk of repetition of such conduct was slight. The court held that while a final injunction was appropriate, an order for corrective advertising was not necessary due to the minimal risk of repetition and the passage of time. Regarding costs, the court ordered Samsung to pay 50% of LG's costs of the proceeding to date, including any reserved costs, but excluding costs that had already been subject to previous costs orders.

The final orders of the court were that LG was restrained from engaging in the specified misleading conduct, and Samsung was ordered to pay 50% of LG's costs of the proceeding to date, excluding any costs already ordered in previous costs orders. The court did not grant an order for corrective advertising.