Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 5) [2013] FCA 1109 Citation: Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 5) [2013] FCA 1109
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TURI FOODS PTY LTD (ACN 057 142 971), BAIADA POULTRY PTY LTD (ACN 002 925 948), BARTTER ENTERPRISES PTY LIMITED (ACN 000 451 374) and AUSTRALIAN CHICKEN MEAT FEDERATION INC (ABN 24 077 883 026)
File number: VID 974 of 2011
Judge: TRACEY J
Date of judgment: 30 October 2013
Catchwords: TRADE PRACTICES – relief – whether to make pecuniary penalty order pursuant to s 76E of the Trade Practices Act 1974 (Cth) and s 224 of the Australian Consumer Law – whether to grant declarations, injunctions, publication order, compliance program and orders for sealed reasons for judgment
Legislation: Australian Consumer Law ss 18, 29, 33, 224, 232, 246, 247 Competition and Consumer Act 2010 (Cth) s 137H Crimes Act 1914 (Cth) s 4AA Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 52, 53, 55, 76E, 83, 86C, 86D, 155
Cases cited: ACCC v AirAsia Berhad Company [2012] FCA 1413 cited ACCC v EDirect Pty Ltd (in liq) [2012] FCA 976 cited ACCC v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 considered ACCC v Marksun Australia Pty Ltd [2011] FCA 695 cited ACCC v Midland Brick Company Pty Ltd (2004) 207 ALR 329 cited ACCC v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 discussed ACCC v Sampson [2011] FCA 1165 considered Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 considered Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited [2011] FCA 393 cited Australian Competition and Consumer Commission v Kingisland Meatworks and Cellars Pty Ltd (2013) 99 IPR 548 cited Australian Competition and Consumer Commission v Pepe's Ducks Limited [2013] FCA 570 considered Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246 applied Australian Competition and Consumer Commission v Telstra Corporation Limited (2010) 188 FCR 238 considered Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 2) [2012] FCA 19 discussed Australian Competition and Consumer Commission v Turi Foods (No 4) [2013] FCA 665 discussed Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 considered NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285 considered Rural Press Limited v Australian Competition and Consumer Commission (2003) 216 CLR 53 cited Russian Commercial and Industrial Bank v British Bank for Foreign Trade Limited [1921] 2 AC 438 discussed Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 distinguished TPG Internet Pty Ltd v Australian Competition and Consumer Commission (2012) 210 FCR 277 discussed Trade Practices Commission v CSR Limited (1991) ATPR 41-076 considered
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