Director of Consumer Affairs v Nightingale Electrics Pty Ltd [2016] FCA 279

FEDERAL COURT OF AUSTRALIA

Director of Consumer Affairs v Nightingale Electrics Pty Ltd [2016] FCA 279 File number: VID 356 of 2014

Judge: PAGONE J

Date of judgment: 22 March 2016

Catchwords: CONSUMER PROTECTION – product safety – supply of consumer goods subject to permanent ban – supply of goods that do not comply with relevant safety standard – declaratory orders – pecuniary penalty.

Legislation: Australian Consumer Law and Fair Trading Act 2012 (Vic) Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (Cth) Fair Trading Act 1999 (Vic) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Trade Practices (Consumer Product Safety Standard) Regulations 1979 (Cth) Consumer Goods (Portable Swimming Pools) Safety Standard 2013 (Cth) Consumer Protection Notice No. 2 of 2009 (Cth) Consumer Protection Notice No. 14 of 2011 (Cth) Consumer Protection Notice No. 24 of 2011 (Cth) Consumer Protection Safety Standard No. 13 of 2003 (Cth) Consumer Protection Safety Standard No. 10 of 2008 (Cth) Consumer Protection Safety Standard No. 12 of 2008 (Cth) Consumer Protection Safety Standard No. 1 of 2010 (Cth)

Cases cited: Animatrix Limited v O'Kelly [2008] EWCA Civ 1415 Australian Competition and Consumer Commission v Apple Pty Ltd [2012] FCA 646 Australian Competition and Consumer Commission v Bridgestone Corporation (2010) 186 FLR 214 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330 Australian Competition and Consumer Commission v Cosic Holdings Pty Ltd [2009] FCA 1579 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2006) 236 ALR 665 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (ACN 075 400 529) (2007) 161 FCR 513 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 2) [2012] FCA 535 Australian Competition and Consumer Commission v P & N Pty Ltd [2014] FCA 6 Australian Competition and Consumer Commission v Renegade Gas Pty Ltd (trading as Super Gas NSW) [2014] FCA 1135 Australian Competition and Consumer Commission v Skins Compression Garments Pty Ltd [2009] FCA 710 Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2006] FCA 1730 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 Australian Competition and Consumer Commission v Wilson Parking 1992 Pty Ltd [2009] FCA 1580 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352 BMI Limited v Federated Clerks Union of Australia (1983) 51 ALR 401 Collie v Marlow Nominees Pty Ltd [2001] VSC 39 Commonwealth v Director Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Divcom v Devine Shipping [1996] 2 VR 79 Forster v Jododex Australia Pty. Limited (1972) 127 CLR 421 Minister for the Environment, Heritage and the Arts v PGP Developments Pty Ltd [2010] FCA 58 NW Frozen Foods v Australian Competition & Consumer Commission (1996) 71 FCR 285 Pioneer Plastic Containers Ltd v Commissioner of Customs and Excise [1967] Ch 597 Wigmore on Evidence in Trials at Common Law (rev ed Chadbourne JH, Little, Brown and Company, 1981), Vol 4 Wigmore on Evidence in Trials at Common Law (rev ed Chadbourne JH, Little Brown and Company, 1981), Vol 9 Dale CMC, Greenwood CW, Williams S, Stringer FA, Daniell's Chancery Practice (7th ed, Stevens and Sons, 1901) Powell M, Roscoe's Digest of the Law of Evidence on the trial of Actions at nisi prius (15th ed, Stevens and Sons, 1884)