Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ALDI Stores (A Limited Partnership) v EFTPOS Payments Australia Ltd [2011] FCA 1114 Citation: ALDI Stores (A Limited Partnership) v EFTPOS Payments Australia Ltd [2011] FCA 1114
Parties: ALDI STORES (A LIMITED PARTNERSHIP) ABN 90 196 565 019 v EFTPOS PAYMENTS AUSTRALIA LIMITED ACN 136 180 366
File number(s): NSD 1531 of 2011
Judge: JACOBSON J
Date of judgment: 29 September 2011
Catchwords: TRADE PRACTICES – misleading and deceptive conduct – publication of media release, newspaper article and clarification statement concerning forthcoming changes to the payment of interchange fees in EFTPOS transactions – whether respondent engaged in misleading and deceptive conduct by making statements that changes to the interchange fees regime would not be passed onto consumers – whether the respondent had reasonable grounds for making its statements
Legislation: Australian Consumer Law, ss 4, 18 & 232 Competition and Consumer Act 2010 (Cth), sch 2
Cases cited: Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364 applied Butcher v Lachlan Elder Realty Pty Ltd (2004) 218 CLR 592 applied Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304 applied Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 applied Downey v Carlson Hotels Asia Pacific Pty Ltd [2005] QCA 199 cited McGrath v Australian Naturalcare Products Pty Ltd (2008) 165 FCR 230 cited
Date of hearing: 21, 22 September 2011
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