Australian Competition & Consumer Commission v MHG Plastic Industries Pty Ltd [1999] FCA 788

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v

MHG Plastic Industries Pty Ltd [1999] FCA 788

TRADE PRACTICES – s65C(1) Trade Practices Act 1974 – whether particular motorcycle helmets do not comply with prescribed consumer product safety standard – whether tests carried out by applicant were in accordance with the testing procedure specified in the standard – whether words in the standard which permit testing for penetration "at any points" above test line should be construed to permit testing at only the two conventional test sites – relevance of industry practice to construction of the standard – whether standard permits use of cantilever arm during testing for resistance to penetration – construction of words "rigid" and "rigidly mounted" - whether passing one particular test which satisfies requirements for testing specified by the standard means that goods cannot be said to "not comply with" the standard even if they fail some other test which also accords with the standard – relevance of past test results to risk of other helmets not complying with the standard – degree of risk of non-compliance required to establish contravention – whether necessary to show more likely than not that particular helmet would not comply or merely a real risk of non-compliance – reliability of methodology used and test results relied on by the applicant

WORDS & PHRASES – "do not comply with", "at any points", "rigid", "rigidly mounted"

Trade Practices Act 1974 (Cth) s65C(1)

AUSTRALIAN COMPETITION & CONSUMER COMMISSION v

MHG PLASTIC INDUSTRIES PTY LTD N 418 OF 1999

EMMETT J 15 JUNE 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 418 OF 1999

BETWEEN: AUSTRALIAN COMPETITION & CONSUMER COMMISSION

Applicant

AND: MHG PLASTIC INDUSTRIES PTY LIMITED