Australian Competition and Consumer Commission v Excite Mobile Pty Ltd (No 2) [2013] FCA 1267

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Excite Mobile Pty Ltd (No 2) [2013] FCA 1267 Citation: Australian Competition and Consumer Commission v Excite Mobile Pty Ltd (No 2) [2013] FCA 1267

Parties: AUSTRALIAN COMPETITION & CONSUMER COMMISSION v EXCITE MOBILE PTY LTD, OBIE BROWN, DAVID SAMUEL and FIONA SMART

File number: SAD 328 of 2011

Judge: MANSFIELD J

Date of judgment: 29 November 2013

Date of corrigendum: 23 December 2013

Catchwords: CONSUMER LAW – pecuniary penalties under s 76E of the Trade Practices Act 1974 (Cth) – numerous breaches of Part V of the Trade Practices Act 1974 (Cth) by company – consideration of application of one transaction principle – consideration of factors relevant to determination of quantum of penalty – whether identical prior contravening conduct occurring before the commencement of relevant penalty provisions is a factor weighing in favour of a higher penalty – consideration of application of totality principle CONSUMER LAW – pecuniary penalties under s 76E of the Trade Practices Act 1974 (Cth) – persons directly or indirectly knowingly concerned in numerous breaches of Part V of the Trade Practices Act 1974 (Cth) – consideration of relevance of personal financial circumstances to determination of quantum of penalty CONSUMER LAW – disqualification orders under s 86E(1B) of the Trade Practices Act 1974 (Cth) – persons directly or indirectly knowingly concerned in numerous breaches of Part V of the Trade Practices Act 1974 (Cth) – consideration of purpose of disqualification order