Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v P & N Pty Ltd [2014] FCA 6 Citation: Australian Competition and Consumer Commission v P & N Pty Ltd [2014] FCA 6
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P & N PTY LTD (ACN 130 845 199), P & N NSW PTY LTD (ACN 145 998 929), WORLDWIDE ENERGY AND MANUFACTURING AUSTRALIA PTY LTD (ACN 159 663 322) and NIKUNJKUMAR PATEL
File number: SAD 93 of 2013
Judge: BESANKO J
Date of judgment: 17 January 2014
Catchwords: CONSUMER LAW – misleading and deceptive conduct – false or misleading representations purporting to be testimonials and concerning place of origin of goods – penalty – where respondents admitted engaging in contravening conduct – where parties submitted draft consent orders, joint submissions and statement of agreed facts – whether declarations, orders and pecuniary penalties proposed by parties appropriate. Held: Declarations, injunctions, publication and other orders made and pecuniary penalties of $50,000 for first and second respondents, $25,000 for third respondent and $20,000 for fourth respondent imposed.
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 4, 18, 29, 224, 232, 246 Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 21 Evidence Act 1995 (Cth) s 191 Trade Practices Act 1974 (Cth) ss 76E, 80
Cases cited: Australian Competition and Consumer Commission v Bridgestone Corporation [2010] FCA 584 Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [2011] FCA 372 Australian Competition and Consumer Commission v MSY Technology Pty Ltd & Ors (No 2) [2011] FCA 382; (2011) 279 ALR 609 Australian Competition and Consumer Commission v NW Frozen Foods Pty Ltd [1996] ATPR 41-515 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570 Australian Competition and Consumer Commission v Sampson [2011] FCA 1165 Australian Competition and Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710 Australian Securities and Investments Commission v Ingleby [2012] VSCA 49 Minister for Environment, Heritage and the Arts v PGP Developments Pty Ltd [2010] FCA 58; (2010) 183 FCR 10 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 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076
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