Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited [2014] FCA 1158 Citation: Australian Competition and Consumer Commission v DuluxGroup (Australia) Pty Limited [2014] FCA 1158
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v DULUXGROUP (AUSTRALIA) PTY LIMITED (ACN 000 049 427)
File number(s): WAD 351 of 2012
Judge(s): SIOPIS J
Date of judgment: 30 October 2014
Catchwords: CONSUMER LAW – misleading or deceptive conduct – statements made in advertisements about the capacity of roof and exterior wall paint – preliminary issue – whether material represented that the paint would reduce the surface temperature of a roof and walls – whether the material represented that the paint would reduce the interior temperature of a room – whether headline statements qualified by other statements.
Legislation: Trade Practices Act 1974 (Cth) ss 52, 53(c) Australian Consumer Law (Cth) (Sch 2 of the Competition and Consumer Act 2010 (Cth)) ss 18, 29(1)(g)
Cases cited: Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Australian Competition and Consumer Commission v Target Australia Pty Ltd [2001] FCA 1326
Date of hearing: 24 September 2013
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 300
Counsel for the Applicant: Ms G Archer SC and Mr W Keane
Solicitor for the Applicant: Norton Rose Fulbright Australia
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