Australian Competition and Consumer Commission v Harvey Norman Holdings Limited [2011] FCA 1407

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Harvey Norman Holdings Limited [2011] FCA 1407 Citation: Australian Competition and Consumer Commission v Harvey Norman Holdings Limited [2011] FCA 1407

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v HARVEY NORMAN HOLDINGS LIMITED (ACN 003 237 545)

File number: QUD 519 of 2011

Judge: COLLIER J

Date of judgment: 8 December 2011

Catchwords: CONSUMER LAW – misleading and deceptive conduct – Trade Practices Act 1974 (Cth) and Australian Consumer Law – application for pecuniary penalties, declarations and injunctions – statement of agreed facts and admissions – joint submissions filed – relevant legal principles where Court approached with draft consent orders – relevant factors to take into consideration in ordering pecuniary penalties

Legislation: Australian Consumer Law ss 18, 29(1)(m), 224, 232, 246 Competition and Consumer Act 2010 (Cth) s86 Federal Court of Australia Act 1976 (Cth) s 21 Judiciary Act 1903 (Cth) s 39B(1A)(c) Trade Practices Act 1974 (Cth) ss 52, 53(c), 53(g), 76E, 80, 86C Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Sch 7

Cases cited: Australian Competition and Consumer Commission (ACCC) v Alvaton Holdings Pty Ltd [2010] FCA 760 cited Australian Competition and Consumer Commission (ACCC) v Real Estate Institute of Western Australia Inc [1999] FCA 18 cited Australian Competition and Consumer Commission (ACCC) v Singtel Optus Pty Ltd (No 4) [2011] FCA 761 cited Australian Competition and Consumer Commission (ACCC) v Target [2001] FCA 1326 cited J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission [2000] FCA 365 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (ACCC) (1996) 71 FCR 285 cited Smith v Marapikurrinya Pty Ltd [2011] FCAFC 150 cited TPC v CSR Ltd (1991) ATPR 41-076