Australian Competition and Consumer Commission v Titan Marketing Pty Ltd [2014] FCA 913

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Titan Marketing Pty Ltd [2014] FCA 913 Citation: Australian Competition and Consumer Commission v Titan Marketing Pty Ltd [2014] FCA 913

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TITAN MARKETING PTY LTD ACN 146 971 744 and PAUL GIOVANNI OKUMU

File number: QUD 317 of 2013

Judge: RANGIAH J

Date of judgment: 25 August 2014

Catchwords: CONSUMER LAW – penalty hearing – contraventions of various provisions of the Australian Consumer Law admitted – pecuniary penalties – declarations – injunctions – agreed facts and admissions – whether appropriate to make orders sought by parties

Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 Australian Consumer Law ss 21, 29(1)(a), 29(1)(g) and 29(1)(h), 48(1), Division 2 of Part 3-2 of Chapter 3 (ss 69-95), 74(a), 74(b), 74(c), 76(a)(i) and 76(a)(ii) and 79(b)

Cases cited: Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 cited Australian Competition and Consumer Commission v Flight Centre Ltd (No 3) [2014] FCA 292 cited Australian Competition and Consumer Commission v Mandurvit Pty Ltd [2014] FCA 464 cited Australian Securities and Investments Commission v Newcrest Mining Ltd [2014] FCA 698 cited Barbaro v The Queen (2014) 88 ALJR 372; [2014] HCA 2 cited DP World Sydney Limited v Maritime Union of Australia (No 2) [2014] FCA 596 cited Fair Work Ombudsman v Crystal Carwash Cafe Pty Ltd (No 2) [2014] FCA 827 cited Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied Tax Practitioners Board v Dedic [2014] FCA 511 cited Tax Practitioners Board v Su [2014] FCA 731 cited