Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238 Citation: Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SAFE BREAST IMAGING PTY LTD (ACN 120 489 410) and JOANNE FIRTH

File number: WAD 514 of 2011

Judge: BARKER J

Date of judgment: 18 March 2014

Catchwords: CONSUMER LAW – misleading or deceptive conduct – whether promotional materials, breast health reports and breast imaging information package were directed to a section of the public – whether materials conveyed assurance representation, risk of cancer representation, substitute for mammography representation, medical doctor representation and registered medical practitioner representation – whether each representation, if made, was false or misleading – accessorial liability

Legislation: Competition and Consumer Act 2010 (Cth) s 155, Sch 2, s 18, s 29(1)(g), s 34, s 224(1)(e), s 232(1)(e), s 246(1)(b) Trade Practices Act 1975 (Cth) s 52, s 53(c), s 55A, s 155

Cases cited: Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190 Australian Competition and Consumer Commission v Michigan Group Pty Ltd [2002] FCA 1439 Campomar Sociedad Limitada v Nike International Limited [2000] HCA 12; (2000) 202 CLR 45 Fencott v Muller [1983] HCA 12; (1983) 152 CLR 570 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191 Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661