Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263 Citation: Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v JETSTAR AIRWAYS PTY LIMITED (ACN 069 720 243); AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VIRGIN AUSTRALIA AIRLINES PTY LTD (ACN 090 670 965)
File numbers: NSD 615 of 2014 NSD 616 of 2014
Judge: FOSTER J
Date of judgment: 17 November 2015
Catchwords: CONSUMER LAW – whether, by material presented on low-cost airlines' websites, mobile sites and in subscription emails, the airlines falsely represented that certain specific fares displayed on their websites, mobile sites and in their subscription emails were firm fares which were not subject to increase by reason of the imposition of a booking and service fee – whether, in the event that the low-cost airlines made the alleged representations, or some of them, they contravened ss 18(1), 29(1)(i) and 29(1)(m) of the Australian Consumer Law
Legislation: Australian Consumer Law, ss 18(1), 29(1)(i), 29(1)(m), 48, 224, 232 and 246(2)(d) Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth), s 21 and s 43 Trade Practices Act 1974 (Cth), ss 52(1), 53(e) and 53(g)
Cases cited: Australian Competition and Consumer Commission v AirAsia Berhad Company [2012] FCA 1413 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2014) 317 ALR 73 Australian Competition and Consumer Commission v Nonchalant Pty Ltd (In Liq) [2013] FCA 605 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd [2010] FCA 1177 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2004) 208 ALR 459 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Bayswater Car Rental Pty Ltd v Department of Employment and Consumer Protection [2008] WASCA 43 Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134; [2012] ATPR 42-419 Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 Godfrey Hirst NZ Ltd v Cavalier Bremworth Ltd (2014) 3 NZLR 611 Google Inc v Australian Competition and Consumer Commission (2013) 249 CLR 435 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 Miller and Associates Insurance Broking Pty Ltd v BMW Australia Finance Ltd (2010) 241 CLR 357 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 SAP Australia Pty Ltd v Sapient Australia Pty Ltd (1999) 169 ALR 1 Taco Co of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177
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