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ACCC wins MSY Tech appeal: Federal Court can grant declarations when made with respondents’ consent

By  |  April 20, 2012

The Full Court of the Federal Court of Australia has upheld the ACCC’s appeal against the Federal Court’s order not to grant declarations in ACCC v MSY Technology Pty Ltd and Ors. The declarations were proposed by the ACCC with the consent of the respondents. The statements within the declarations were that the respondents had breached sections 52 and 53(g) of the then Trade Practices Act 1974 by misrepresenting consumer warranty rights.

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    Justice Perram ruled that the declarations could not be granted because of Full Federal Court case law that blocked declarations when respondents consented to their making. The Full Court, however, has now ruled that the Federal Court does have the power to order such declarations. The declarations are now ordered to be made, and in the terms sought by the ACCC.

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    Full content: ACCC Press Release

     

    Related content: Regulation by Declaration: A Novel Regulatory Mechanism to Limit Abuse of Monopoly Power

     

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