In 2019, Pirmax commenced proceedings against Kingspan alleging that certain statements made by Kingspan about Pirmax’s products were false, misleading or deceptive in breach of the Australian Consumer Law (ACL). Kingspan counter claimed seeking injunctive and declaratory relief on the basis that the marketing material of two of Pirmax’s products contained false performance statements and were misleading or deceptive in breach of the ACL.
In a decision handed down in December 2022, Justice Snaden of the Federal Court of Australia dismissed all of Pirmax’s claims against Kingspan, while upholding all of Kingspan’s counterclaims against Pirmax.
In summary, Justice Snaden ordered:
- Pirmax be permanently restrained from making the representations about its HR Panel and ISO3 products that were found to be false, misleading or deceptive.
- Pirmax take all reasonable steps to inform its distributors of the injunctions in place in respect of its HR Panel and ISO3 products and request that its distributors cease publishing any material in whatever form making any of the false, misleading or deceptive representations.
- Pirmax pay Kingspan’s costs of the proceeding (save in relation to Kingspan’s abandoned damages claim).
Click here to view the full copy of the judgement.
It is noted that this judgement and orders are now subject to an application to appeal by Pirmax.