FEDERAL COURT OF AUSTRALIA

ACCC v Apollo Optical (Aust) Pty Ltd [2001] FCA 1456

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v

APOLLO OPTICAL (AUST) PTY LTD

W 278 of 2001

CARR J

17 OCTOBER 2001

PERTH

CORRIGENDA

1.         Amend the orders made on 17 October 2001 as follows:

(a)        Delete “three (3)” in the second line of paragraph 2 of the orders and insert instead “five (5)”.

(b)        Delete the words “a firm of solicitors or compliance professionals with expertise in trade practices law” in paragraph 7 of Annexure C and insert instead “the Trade Practices Compliance Officer”.

2.         Amend paragraph 19 of the Reasons for Judgment by deleting the last three sentences and inserting instead:

                        “The applicant suggested that the injunction be for a period of five (5) years.  This was two years longer than the equivalent injunction sought in the Monzamatter.  Counsel for the applicant explained that this was due to the facts to which I have referred in all but the last sentence of paragraph 8 above.  The respondent asked that the period be three (3) years.  I had initially thought that a period of three years would be appropriate, but I accept the applicant’s submission that five years would be appropriate in this case.  I note that the respondent was prepared to consent to an injunction without any time limit.  The paragraph has been amended to provide that the injunction will be in force for a period of five (5) years.”

                                                                        …………………………………

                                                                        A/g Associate to Justice Carr

                                                                        Dated:    18 October 2001