Australian Competition and Consumer Commission v Harbin Pty Ltd ACN 005 339 328 [2008] FCA 1792

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Harbin Pty Ltd ACN 005 339 328 [2008] FCA 1792 TRADE PRACTICES – misleading or deceptive conduct – dual pricing – appropriateness of orders sought – where compliance program with external audit obligations already imposed under a s 87B undertaking – service of reasons for judgment and orders on the external auditor directed TRADE PRACTICES – misleading or deceptive conduct – dual pricing – terms of declaratory orders – whether order for corrective advertising should be made – where corrective advertising serves an appropriate preventative purpose in the circumstances Trade Practices Act 1974 (Cth) ss 52, 53(e), 86C, 87B Trade Practices (Consumer Product Safety Standards) Amendment Regulation 1999 (No 1) (Cth)

Australian Competition and Consumer Commission v Visy Paper Pty Ltd (No 2) (2004) 212 ALR 564 cited BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452 cited Australian Competition and Consumer Commission v Midland Brick Co Pty Ltd (2004) 207 ALR 329 cited Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 cited Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd (No 2) (2008) ATPR 42-230 cited Australian Competition and Consumer Commission v Telstra Corporation Ltd (2007) ATPR 42-207 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 cited Australian Competition and Consumer Commission v Target Australia Pty Ltd (2001) ATPR 41-840 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HARBIN PTY LTD (ACN 005 339 328)

No SAD 179 of 2007

FINN J

28 NOVEMBER 2008

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 179 of 2007