MHG Plastic Industries Pty Limited v Australian Competition & Consumer Commission [2000] FCA 1069

FEDERAL COURT OF AUSTRALIA

MHG Plastic Industries Pty Limited v Australian Competition and Consumer Commission [2000] FCA 1069 TRADE PRACTICES - whether appellant contravened s 65C(1) the Trade Practices Act 1974 (Cth) - whether motor cycle helmets complied with Australian Standard 1698-1988 "Protective Helmets for Vehicle Users" - proper interpretation of Standard - whether test headform for test helmet "rigidly mounted" - whether testing authority deviated from test specifications in testing helmets to AS 1698-1988.

Trade Practices Act 1974 (Cth) s 65C

Busby v Australian Telecommunications Commission (1988) 20 FCR 463 referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 cited Trade Practices Commission v BMW Australia Ltd (1985) ATPR 40-620 referred to The Queen v Aird; Ex parte the Australian Workers' Union (1973) 129 CLR 654 referred to MHG PLASTIC INDUSTRIES PTY LIMITED v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION N 689 OF 1999 DRUMMOND, MATHEWS AND MANSFIELD JJ 9 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 689 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MHG PLASTIC INDUSTRIES PTY LIMITED

APPELLANT

AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

RESPONDENT

JUDGES: DRUMMOND, MATHEWS AND MANSFIELD JJ

DATE OF ORDER: 9 AUGUST 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The orders of the learned primary judge be set aside.

3. The respondent's application be dismissed.

4. All questions of costs be reserved with liberty to apply.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 689 OF 1999