Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zwanenberg Australia Pty Ltd v Moira Mac's Poultry and Fine Foods Pty Ltd (No 2) [2014] FCA 1401 Citation: Zwanenberg Australia Pty Ltd v Moira Mac's Poultry and Fine Foods Pty Ltd (No 2) [2014] FCA 1401
Parties: ZWANENBERG AUSTRALIA PTY LTD (ACN 130 900 015) v MOIRA MAC'S POULTRY AND FINE FOODS PTY LTD
File number: VID 706 of 2013
Judge: JESSUP J
Date of judgment: 19 December 2014
Legislation: Competition and Consumer Act 2010 (Cth); Sch 2 s 18 of the Australian Consumer Law Personal Property Securities Act 2009 (Cth)
Cases cited: Zwanenberg Australia Pty Ltd v Moira Mac's Poultry and Fine Foods Pty Ltd [2014] FCA 1072
Date of hearing: 2 December 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 24
Counsel for the Applicant: A Kelly QC with D Morgan
Solicitor for the Applicant: Wainright Ryan Eid
Counsel for the Respondent: M Wyles QC with S Palmer
Solicitor for the Respondent: Mason Black
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 706 of 2013
BETWEEN: ZWANENBERG AUSTRALIA PTY LTD (ACN 130 900 015)
Applicant
AND: MOIRA MAC'S POULTRY AND FINE FOODS PTY LTD
Respondent
JUDGE: JESSUP J DATE OF ORDER: 19 DECEMBER 2014 WHERE MADE: MELBOURNE
THE COURT DECLARES THAT:
1. The respondent has, in trade or commerce, engaged in misleading conduct in contravention of s 18 of the Australian Consumer Law, Sch 2 to the Competition and Consumer Act 2010 (Cth), by representing, on 16 July 2012 and thereafter until 3 December 2012, that the fixed manufacturing costs which it would incur, regardless of volume, in the production of snack foods under contract to the applicant would be, per annum – (a) in relation to the cost items set out in the first column of the table below, of the order of the amounts correspondingly set out in the second column of that table, and (b) in total, of the order of $443,500, without having reasonable grounds for doing so. Cost item Amount Rent $75,000.00 Rates/Water $8,500.00 Supervisor $70,000.00 QA Officer $60,000.00 Utilities $30,000.00 Accountancy $10,000.00 Bank fees $3,000.00 Safety/Laundry/Materials $20,000.00 Laboratory $10,000.00 Audit fees $6,000.00 Pest Control $5,000.00 Office Costs $6,000.00 Sundry $20,000.00
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