Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190 Citation: Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BREAST CHECK PTY LTD ACN 119 038 274 and ALEXANDRA BOYD

File number: WAD 515 of 2011

Judge: BARKER J

Date of judgment: 10 March 2014

Catchwords: CONSUMER LAW – misleading or deceptive conduct – identification of target audience for alleged contravening conduct – whether various breast imaging pamphlets, breast health reports and report information were distributed "to the public" – whether risk of cancer representation, assurance representation and substitute for mammography representation were conveyed – whether representations were accurate – whether representations were conveyed that devices used for breast imaging had performance characteristics, uses or benefits they did not have – accessorial liability

Legislation: Competition and Consumer Act 2010 (Cth) s 137H, Sch 2, s 18, s 29(1)(g), s 155, s 224, s 224(1)(e), s 232, s 232(1)(e), s 246, s 246(1)(b) Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1975 (Cth) s 52, s 53(c), s 75B(1)(c), s 76E, s 86C, s 155 Fair Trading Act 1987 (NSW) s 42

Cases cited: .au Domain Administration Limited v Domain Names Australia Pty Ltd [2004] FCA 424; (2004) 207 ALR 521 Australian Securities and Investments Commission v National Exchange Pty Ltd [2003] FCA 955; (2003) 202 ALR 24 Butcher v Lachlan Elder Realty Pty Limited [2004] HCA 60; (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Campomar Sociedad Limitada v Nike International Limited [2000] HCA 12; (2000) 202 CLR 45 Fencott v Muller [1983] HCA 12; (1983) 152 CLR 570 Medical Benefits Fund of Australia Limited v Cassidy [2003] FCAFC 289; (2003) 135 FCR 1 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191 Rural Press Limited v Australian Competition and Consumer Commission [2003] HCA 75; (2003) 216 CLR 53 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661