Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Panasonic Australia Pty Ltd [2010] FCA 856 Citation: Australian Competition and Consumer Commission v Panasonic Australia Pty Ltd [2010] FCA 856
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PANASONIC AUSTRALIA PTY LTD ACN 001 592 187
File number: SAD 193 of 2009
Judge: MANSFIELD J
Date of judgment: 12 August 2010
Catchwords: TRADE PRACTICES – misleading and deceptive conduct – where representations made in television advertisements, printed advertisements and in-store promotional material – whether material disclosed or adequately disclosed key conditions of redemption procedures for consumers to be eligible to receive bonus product – small print and asterisks directing consumer to claim form or website for more information. TRADE PRACTICES – misleading and deceptive conduct – appropriate terms of declaratory orders – whether injunctive orders appropriate in the circumstances – whether order for corrective advertising serves appropriate preventative purpose or does no more than merely "announce a 'win' for" the applicant – whether order to establish compliance program should be made – whether making order for compliance program punitive.
Legislation: Trade Practices Act 1974 (Cth) ss 52, 80, 86C(2) and 86C(4) Sale of Goods Act 1895 (SA) s 1(3)
Cases cited: Australian Competition and Consumer Commission v Telstra Corporation Ltd (2004) 208 ALR 459 cited Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 cited Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 cited In re Goldcorp Exchange Ltd (in receivership) (1995) 1 AC 74 cited BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167 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 Signature Security Group Pty Ltd [2003] FCA 3 cited Australian Competition and Consumer Commission v Boost Tel Pty Ltd [2010] FCA 701 cited Australian Competition and Consumer Commission v Alergy Pathway Pty Ltd [2009] FCA 960 cited Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682 cited Australian Competition and Consumer Commission v 4WD Systems Pty Ltd [2003] FCA 850 cited
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