Australian Competition and Consumer Commission v Avitalb Pty Ltd [2014] FCA 222

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Avitalb Pty Ltd [2014] FCA 222 Citation: Australian Competition and Consumer Commission v Avitalb Pty Ltd [2014] FCA 222

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AVITALB PTY LTD (ACN 152 309 503)

File number(s): WAD 184 of 2013

Judge(s): GRIFFITHS J

Date of judgment: 7 March 2014

Catchwords: CONSUMER LAW – misleading or deceptive conduct –consumer guarantee provisions – representations about the existence, exclusion or effect of a guarantee, right or remedy – admitted contraventions – agreed orders –whether proposed orders appropriate – whether proposed penalty within appropriate range – relevance of errors in statement of agreed facts

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Australian Consumer and Competition Commission v Camavit Pty Ltd (2013) 275 FLR 171; [2013] FCA 1397 Australian Consumer and Competition Commission v HP Superstore Pty Ltd [2013] FCA 1317 Australian Consumer and Competition Commission v Launceston Superstore Pty Ltd [2013] ATPR 42-436; [2013] FCA 1315 Australian Consumer and Competition Commission v Moonah Superstore Pty Ltd [2013] FCA 1314 Australian Consumer and Competition Commission v Salecomp Pty Ltd [2013] FCA 1316 Australian Securities and Investments Commission v Ingleby (2013) 275 FLR 171; [2013] VSCA 49 Comcare v Commonwealth of Australia (2012) 132 ALD 480; [2012] FCA 1419 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Limited [2004] ATPR 41-933; [2004] FCAFC 72 NW Frozen Foods Pty Limited v Australian Competition and Consumer Commission (1996) 71 FCR 285