Australian Competition and Consumer Commission v LG Electronics Australia Pty Ltd [2018] FCAFC 96

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v LG Electronics Australia Pty Ltd [2018] FCAFC 96 Appeal from: Australian Competition and Consumer Commission v LG Electronics Australia Pty Ltd [2017] FCA 1047

File number: VID 1043 of 2017

Judges: ALLSOP cj, JAGOT AND LEE JJ

Date of judgment: 27 June 2018

Catchwords: CONSUMER LAW – consumer protection – ss 18(1) and 29(1)(m) of the Australian Consumer Law (the ACL) –misleading or deceptive conduct – false or misleading representations made concerning the existence, exclusion or effect of consumer guarantee in contravention of provisions of the ACL – appeal allowed in part

Legislation: Competition and Consumer Act 2010 (Cth) ss 18, 29, 54, 259, 271, 274

Date of hearing: 21 May 2018

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 72

Counsel for the Appellant: N Hopkins QC

Solicitor for the Appellant: Norton Rose Fulbright Australia

Counsel for the Respondent: N O'Bryan SC with M J Hoyne

Solicitor for the Respondent: Mills Oakley

ORDERS VID 1043 of 2017

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Appellant

AND: LG ELECTRONICS AUSTRALIA PTY LTD Respondent

JUDGES: ALLSOP CJ, JAGOT AND LEE JJ DATE OF ORDER: 27 June 2018

THE COURT ORDERS THAT:

1. The parties confer and, within seven days, file agreed or competing orders for determination of the appeal reflecting these reasons for judgment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.