Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Metricon Homes Qld Pty Ltd [2012] FCA 797 Citation: Australian Competition and Consumer Commission v Metricon Homes Qld Pty Ltd [2012] FCA 797
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v METRICON HOMES QLD PTY LTD (ACN 005 149 137)
File number: QUD 299 of 2012
Judge: COLLIER J
Date of judgment: 31 July 2012
Catchwords: TRADE PRACTICES – Trade Practices Act 1974 (Cth) – Australian Consumer Law – application for pecuniary penalties, injunctions and declarations – false and misleading representations – misleading and deceptive conduct – sale of detached residential houses – contracts to build – advertising brochures – contravening conduct prior to and following 1 January 2011 – statement of agreed facts and admissions filed – agreed penalties and other relief – role of Court to determine appropriate penalties in accordance with public interest considerations – relevant considerations in assessing whether agreed penalty appropriate
Legislation: Australian Consumer Law ss 18, 29, 29(1)(a), 29(1)(i), 29(1)(m), 224, 224(2), 224(3), 232 Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 52, 53, 53(a), 53(e), 53(g), 76E, 76E(2), 80 Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Sch 7
Cases cited: Australian Competition and Consumer Commission v Korean Air Lines Co Ltd [2011] FCA 1360 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 cited Australian Competition and Consumer Commission v Target [2001] FCA 1326 cited J McPhee & Son (Australia) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Trade Practices Commission v CSR Limited [1990] FCA 521 cited
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