Australian Competition & Consumer Commission v Woolworths Limited (No 2) [2002] FCA 1046

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v

Woolworths Limited (No 2) [2002] FCA 1046

PRACTICE AND PROCEDURE – appropriate form of relief – appropriate costs order – finding that newspaper advertisement was misleading or deceptive– advertisement some eighteen months ago – no application for interlocutory injunction – no threat of repetition – whether final injunction should be granted – whether order for corrective advertising should be made – contravener had offered inter partes undertaking and corrective advertisement – applicant obtained only declaration of contravention – whether applicant should have its costs

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v

WOOLWORTHS LIMITED (ACN 000 014 875) N 1465 OF 2001 LINDGREN J 20 AUGUST 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1465 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: WOOLWORTHS LIMITED (ACN 000 014 875)

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 20 AUGUST 2002

WHERE MADE: SYDNEY

THE COURT DECLARES THAT:

1. In the period from and including 22 February 2001 to and including 1 March 2001, the respondent in trade or commerce:

(a) in contravention of s 52 of the Trade Practices Act 1974 (Cth) ("the Act") engaged in conduct that was misleading or deceptive or was likely to mislead or deceive, namely, the conduct described in (i) and (ii) in the Schedule below; and

(b) in contravention of s 53(eb) of the Act, in connexion with the promotion of the supply of goods, made the false or misleading representation concerning the place of origin of goods, described in (i) in the Schedule below:

SCHEDULE

(i) representing in a newspaper advertisement that all the cattle which provided the beef the respondent offered for sale in its Armidale, Gunnedah, Inverell, Moree, Muswellbrook, Narrabri, Scone and Tamworth stores came from one hundred and fifty local suppliers in the area of North West New South Wales and New England;