Australian Competition and Consumer Commission v Audi Australia Pty Ltd [2007] FCA 1990

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Audi Australia Pty Ltd [2007] FCA 1990 TRADE PRACTICES – misleading and deceptive conduct – conduct liable to mislead the public – false representations that goods are of a particular standard or quality – false representations that goods have performance characteristics, uses or benefits – when advertisement as to purchase price is misleading – whether advertisement must state specified feature is non-standard PRACTICE AND PROCEDURE – declarations by consent or on admissions on matters relating to public rights where supported by evidence, within power, and in the public interest

Trade Practices Act 1974 (Cth) ss 52, 53(a), 53(c), 53(e), 55, 86D(2) Australian Competition and Consumer Commission v Econovite Pty Ltd [2003] ATPR 41-959 cited Australian Competition and Consumer Commission v Target Australia Pty Ltd [2001] ATPR 41-840 cited Australian Securities and Investment Commission v Rich (No 2) (2004) 22 ACLC 1232 cited BMI Ltd v Federated Clerks Union of Australia (NSW) Branch (1983) 51 ALR 401 cited Gillette Australia Pty Ltd v Energizer Australia Pty Ltd (2002) 193 ALR 629 followed Gramophone Co Ltd v Magazine Holder Co (1911) 28 RPC 221 cited Metzger v Department of Health and Social Security [1977] 3 All ER 444 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Termijtelen v Van Arkel [1974] 1 NSWLR 525 cited Wallersteiner v Moir [1974] 3 All ER 217 cited Williams v Powell [1894] WN (Eng) 141 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUDI AUSTRALIA PTY LTD (ACN 86 077 092 776) VID 1018 OF 2007

GORDON J

7 DECEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1018 OF 2007

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION