Spill Station, Ausspill face misleading and deceptive conduct case
The following is a summary of proceedings in the Supreme Court of Western Australia between Global Spill and Spill Station Australia Pty Ltd together with Ausspill Association Limited.
1. On 12 March 2019, Global Spill commenced proceedings in the Supreme Court of Western Australia alleging, amongst other things, that Spill Station Australia Pty Ltd (Spill Station) and Ausspill Association Limited (Ausspill), through the publication of certain materials online (by email and on various websites), had engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law.
2. Global Spill alleged that certain statements contained in the materials had the effect of representing that a document published by Ausspill, and described as ASCIS 2695, is: a. an Australian Standard; b. an Australian Industry Standard; or c. an Industry Standard, for spill kits sold and / or manufactured in Australia (Publications).
3. Each of Spill Station and Ausspill dispute that any of the Publications are misleading or deceiving.
4. At the time of commencing proceedings, Global Spill also sought urgent injunctive relief requiring the Publications be removed and the defendants be restrained from making any further statements to the effect of, or conveying the impression that, there were in existence standards of the kind described above.
5. On 13 March 2019, the Supreme Court of Western Australia made interim orders in favour of Global Spill (First Orders). In essence, the First Orders placed temporary restraints on AusSpill, Spill Station and Industracom Pty Ltd (the owner of an online platform for buyers and sellers of industrial products) from, amongst other things, making any further statements to the effect of, or which conveyed the impression of those matters identified in paragraph 1 above.
6. On 20 March 2019, the Supreme Court of Western Australia made further orders, effectively extending the restraints imposed by the First Orders but in slightly narrower terms until 11 April 2019. (Second Orders).
7. On 11 April 2019, the Court extended the restraints (again slightly modifying the form of the restraints) until trial (Third Orders).
8. In making the First, Second or Third Orders, the Court did not determine whether any of the Publications were misleading or deceiving. That will be determined at trial, the dates for which have not been set.
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