Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Artorios Ink Co Pty Ltd (No 2) [2013] FCA 1292 Citation: Australian Competition and Consumer Commission v Artorios Ink Co Pty Ltd (No 2) [2013] FCA 1292
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ARTORIOS INK CO PTY LTD (ACN 133 112 419), TUAN MINH NGUYEN and THUAN MINH NGUYEN
File number: VID 652 of 2012
Judge: MORTIMER J
Date of judgment: 3 December 2013
Catchwords: CONSUMER LAW — contraventions of ss 18, 29 and 40 of the Australian Consumer Law admitted — undertakings, declaratory relief, injunctions and pecuniary penalties sought by consent — appropriateness of injunctions in form sought — injunctions not granted — considerations relevant to fixing of penalties — payment of penalties by instalment — undertakings proffered, penalties imposed and declaratory orders made.
Legislation: Competition and Consumer Act 2010 (Cth) s 76, Sch 2 ss 18, 29, 40, 224, 232, 248 Corporations Act 2001 (Cth) ss 206C, 206E, 500(2) Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) ss 76, 80
Cases cited: Australian Communications and Media Authority v Clarity1 Pty Ltd (No 2) (2006) 155 FCR 377 Australian Competition and Consumer Commission v 4WD Systems Pty Ltd (2003) 200 ALR 491 Australian Competition and Consumer Commission v Adepto Publications Pty Ltd [2013] FCA 247 Australian Competition and Consumer Commission v AirAsia Berhad Co [2012] FCA 1413 Australian Competition and Consumer Commission v Allergy Pathway Pty Ltd (No 2) (2011) 192 FCR 34 Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 4) (2011) 280 ALR 97 Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (in liq) [2005] FCA 1212 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] ATPR 42-140 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Australian Competition and Consumer Commission v EDirect Pty Ltd (2012) 206 FCR 160 Australian Competition and Consumer Commission v Eternal Beauty Products Pty Ltd [2012] FCA 1124 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 2) [2012] FCA 535 Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd [2013] FCA 653 Australian Competition and Consumer Commission v Humax Pty Ltd [2005] FCA 706 Australian Competition and Consumer Commission v Jones (No 3) [2010] FCA 908 Australian Competition and Consumer Commission v Jutsen (No 6) [2012] FCA 809 Australian Competition and Consumer Commission v Levi (No 3) [2008] FCA 1586 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570 Australian Competition and Consumer Commission v Prysmian Cavi E Systemi Energia SRL (No 5) [2013] FCA 294 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 Australian Competition and Consumer Commission v Sampson [2011] FCA 1165 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] ATPR 42-364 Australian Competition and Consumer Commission v Stott [2013] FCA 88 Australian Competition and Consumer Commission v Target Australia Pty Ltd [2001] FCA 1326 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 2) [2012] FCA 19 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd [2011] FCA 301 Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 Australian Securities and Investments Commission v Adler (2002) 42 ACSR 80 Australian Securities and Investments Commission v Healey (No 2) (2011) 196 FCR 430 Australian Securities and Investments Commission v Ingleby (2013) 275 FLR 171 BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452 Construction, Forestry, Mining and Energy Union v Williams (2009) 262 ALR 417 Gillfillan v Australian Securities and Investments Commission (2012) 92 ACSR 460 Hamersley Iron v National Competition Council (2008) 247 ALR 385 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Markarian v The Queen (2005) 228 CLR 357 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500 Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Trade Practices Commission v ICI Australia Operations Pty Ltd (1991) 105 ALR 115 at 118-119 Trade Practices Commission v Simpson Pope Ltd (1980) 30 ALR 544
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