Australian Competition and Consumer Commission v Dateline Imports Pty Ltd [2014] FCA 791

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Dateline Imports Pty Ltd [2014] FCA 791 Citation: Australian Competition and Consumer Commission v Dateline Imports Pty Ltd [2014] FCA 791

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DATELINE IMPORTS PTY LTD ACN 000 557 282 and DAVID TAYLOR

File number: QUD 300 of 2012

Judge: RANGIAH J

Date of judgment: 30 July 2014

Corrigendum: 12 November 2014

Catchwords: TRADE PRACTICES – false representations – misleading or deceptive conduct – allegation that respondents contravened ss 52 and 53 of the Trade Practices Act 1974 (Cth) ("the TPA") by publishing certain false, misleading or deceptive representations in respect of certain goods – whether the representations contravened the TPA TRADE PRACTICES – representation as to a future matter – reliance on s 51A of the TPA – whether there were reasonable grounds to support the representation made TRADE PRACTICES – allegation that the first respondent breached s 52 of the TPA by representing that it had reasonable grounds to make certain representations – representations as to past and present matters – representations not made in contravention of the TPA – whether there were reasonable grounds to make the representations TRADE PRACTICES – accessorial liability – representation as to a future matter – whether the second respondent had actual knowledge that the representation was made – whether the representation was misleading or deceptive – whether there were reasonable grounds for making the representation – whether the second respondent was knowingly concerned in the contravention of the TPA