Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Gordon Superstore Pty Ltd [2014] FCA 452 Citation: Australian Competition and Consumer Commission v Gordon Superstore Pty Ltd [2014] FCA 452
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v GORDON SUPERSTORE PTY LTD ACN 142 549 022
File number: NSD 1866 of 2012
Judge: EDMONDS J
Date of judgment: 13 May 2014
Catchwords: CONSUMER LAW – retailer refused customer refund for a refrigerator and two replacement refrigerators – retailer told customer that their refund policy does not apply to large appliances – retailer told customer that customer's remedy is only with manufacturer – retailer told customer that customer will not get a refund until retailer gets money from the manufacturer – orders sought by consent – appropriateness of penalty
Legislation: Competition and Consumer Act 2010 (Cth) ss 224, 232, 246 Evidence Act 1995 (Cth) s 191 Australian Consumer Law ss 18, 29(1)(m), 54 Federal Court of Australia Act 1976 (Cth) ss 21, 43
Cases cited: Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030 cited Australian Competition and Consumer Commission v Target Australia Pty Ltd (ACN 004 250 944) [2001] FCA 1326 cited Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited
Date of hearing: 14 February 2014
Place: Sydney
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