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I make this ruling because there is sufficient basis in the numerous past breaches of certain terms of the Undertaking to give rise to a reasonable apprehension that there could well be future breaches of the same or other terms of the Undertaking which could be prevented by the granting of the ACCC's application under Section 87B on a quia timet basis."
"This comment demonstrates that, where it is appropriate to do so, as in this case, the Court is empowered to make orders which extend beyond the ambit of Sections 80, 87(2) and 87A(2) in the TPA and, if necessary, beyond the scope of the original Undertaking to provide relief against apprehended breaches on a quia timet basis."