AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2021] FCAFC 222 (07 December 2021) (Nicholas, Markovic and Burley JJ)


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CONSUMER LAW – appeal from three judgments of this Court – where appellant sought declaration that there is adequate foundation for certain statements in advertisement for analgesic drug – where appellant bound by previous order restraining them from making certain representations – where primary judge made declarations that appellant breached that order – where primary judge dismissed appellant’s application to re-open matter after judgment given – whether primary judge proceeded on the basis of misapprehension of the facts and/or the manner in which an argument was advanced – whether certain representations conveyed by appellant’s advertising, training and point of sale materials – where appellant provided table of unqualified “accepted representations” to primary judge – where trial conducted on the basis that those representations were not treated as unqualified – appeal allowed