Australian Competition and Consumer Commission v ACN 135 183 372 (in liquidation) (formerly known as Energy Watch Pty Ltd) [2012] FCA 749

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v ACN 135 183 372 (in liquidation) (formerly known as Energy Watch Pty Ltd) [2012] FCA 749 Citation: Australian Competition and Consumer Commission v ACN 135 183 372 (in liquidation) (formerly known as Energy Watch Pty Ltd) [2012] FCA 749

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ACN 135 183 372 (IN LIQUIDATION) (FORMERLY KNOWN AS ENERGY WATCH PTY LTD) and BENJAMIN HEINRICH POLIS

File number: VID 930 of 2011

Judge: MARSHALL J

Date of judgment: 13 July 2012

Catchwords: CONSUMER LAW – declaratory relief, penalties and costs – breach of ss 18(1), 29(1)(g) and 34 of the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) – misleading and deceptive conduct – false and misleading representations – in trade or commerce – multimedia mass advertising campaign – retail energy prices – energy brokering services – general and specific deterrence – consumer protection

Legislation: Corporations Act 2001 (Cth) ss 440D, 471B Federal Court of Australia Act 1976 (Cth) s 21 Competition and Consumer Act (2010) Cth, Sch 2 ("the Australian Consumer Law") ss 18, 29(1), 34, 224

Cases cited: Australian Competition and Consumer Commission v Energy Watch Pty Ltd [2012] FCA 425 Australian Competition and Consumer Commission v ACN 135 183 372 (Administrators Appointed) (formerly known as Energy Watch Pty Ltd) [2012] FCA 586 Singtel Optus v Australian Competition and Consumer Commission (2012) 287 ALR 249 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285