Director of Consumer Affairs Victoria v The Good Guys Discount Warehouses (Australia) Pty Ltd [2016] FCA 22

FEDERAL COURT OF AUSTRALIA

Director of Consumer Affairs Victoria v The Good Guys Discount Warehouses (Australia) Pty Ltd [2016] FCA 22 File numbers: VID 507 of 2014 VID 508 of 2014

Judge: MOSHINSKY J

Date of judgment: 3 February 2016

Catchwords: TRADE PRACTICES – misleading and deceptive conduct – statements by salespeople regarding extended warranties – alleged failure to refer to consumer guarantees in Australian Consumer Law – whether conduct was misleading or deceptive or likely to mislead or deceive EVIDENCE – Admissibility of evidence – s 138 of the Evidence Act 1995 (Cth) – officers of regulator posing as customers interested in purchasing television – secret recording of conversations with salespeople – whether evidence obtained improperly or in contravention of Australian law – whether officers acted beyond power – whether entry was trespass – whether recording breached salesperson's right to privacy in contravention of Charter of Human Rights and Responsibilities Act 2006 (Vic) HUMAN RIGHTS – right to privacy – officers of regulator posing as customers interested in purchasing television – secret recording of conversations with salespeople – whether recording breached salesperson's right to privacy – whether private conversation – Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 13, 38

Legislation: Australian Consumer Law and Fair Trading Act 2012 (Vic) ss 107, 108, 109, 110, 111, 142, 143, 144, 145, 149-181 Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 13, 38 Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 2, 4, 18, 29(1)(l) and (m), 51-59, 228, 232, 246, 247, 259-261, 263, 264 Evidence Act 1995 (Cth) s 138 Fair Trading Act 1999 (Vic) s 120 Public Administration Act 2004 (Vic) Trade Practices Act 1974 (Cth) s 52(1) Canadian Charter of Rights and Freedoms, s 8 European Convention on Human Rights, art 8(1) International Covenant on Civil and Political Rights, art 17(1)