FEDERAL COURT OF AUSTRALIA
Specsavers Pty Ltd v Canstar Blue Pty Ltd [2010] FCA 1153
Citation: Specsavers Pty Ltd v Canstar Blue Pty Ltd [2010] FCA 1153 Parties: SPECSAVERS PTY LTD v CANSTAR BLUE PTY LTD File number: NSD 1303 of 2010 Judge: EDMONDS J Date of judgment: 28 October 2010 Catchwords: PRACTICE & PROCEDURE – application under O 15A r 6 of Federal Court Rules for preliminary discovery – conditions to be satisfied for relief and applicable principles – application of principles to facts.
Held: applicant has no reasonable cause to believe it has or may have the right to relief for contravention of s 52 of Trade Practices Act 1974 (Cth); one or more of other conditions in paras (b) and (c) not satisfied.
Legislation: Trade Practices Act1974 (Cth) s 52
Federal Court Rules O 15A r 6Cases cited: Apache Northwest Pty Ltd v Newcrest Mining Ltd (2009) 182 FCR 124 applied
Benchmark Certification Pty Ltd v Standards Australia International Ltd (2004) 212 ALR 464 cited
Echo Tasmania Pty Ltd v Imperial Chemical Industries Plc [2008] FCAFC 58 cited
Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2008) 169 FCR 435 cited
St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 applied
Stratford Sun Ltd v OM Holdings Ltd (2009) 74 ACSR 698 citedDate of hearing: 11 October 2010 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 56 Counsel for the Applicant: Mr R Cobden SC Solicitor for the Applicant: Minter Ellison Counsel for the Respondent: Mr C Moore with Mr D Hughes Solicitor for the Respondent: Mallesons Stephen Jaques
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1303 of 2010
BETWEEN: SPECSAVERS PTY LTD
ApplicantAND: CANSTAR BLUE PTY LTD
Respondent
JUDGE:
EDMONDS J
DATE OF ORDER:
28 OCTOBER 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the respondent’s costs of the application, as taxed or agreed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1303 of 2010
BETWEEN: SPECSAVERS PTY LTD
ApplicantAND: CANSTAR BLUE PTY LTD
Respondent
JUDGE:
EDMONDS J
DATE:
28 OCTOBER 2010
PLACE:
SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION
This is an application under O 15A r 6 of the Federal Court Rules (‘the Rules’) for preliminary discovery of various documents. The documents are listed by category in the Schedule to the application.
BACKGROUND
The applicant (‘Specsavers’) is a recent entrant in the Australian optical services market. It operates stores through a company-owned and franchise structure. Specsavers commenced its Australian retail operations in 2008. It now has 239 Specsavers-branded stores nationally.
The respondent (‘Canstar’) rates products or services based on consumer questionnaires. A very broad outline of the methodology appears on its website and…
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- Case
- [2010] FCA 1153
- Decision Date
CaseChat Overview and Summary
The court found that Specsavers had not satisfied the conditions required for an order for preliminary discovery under O 15A r 6 of the Federal Court Rules. The court held that Specsavers had no reasonable cause to believe it had or may have the right to relief for contravention of s 52 of the Trade Practices Act 1974 (Cth), and that one or more of the other conditions in paras (b) and (c) were not satisfied. The court dismissed the application with costs.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent’s costs of the application, as taxed or agreed.
Note:
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.