Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd [2016] FCA 439 File number: QUD 1086 of 2015
Judge: EDELMAN J
Date of judgment: 29 April 2016
Catchwords: CONSUMER LAW – pecuniary penalties – unconscionable conduct contrary to s 21 of the Australian Consumer Law – relevance to mitigation of loss of profits arising from publicity concerning the contraventions
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 4, 18, 21, 21(1), 21(4)(c), 29, 29(1)(g), 36, 36(3), 87B, 155, 224, 224(1), 224(2), 224(3), 224(4)(b), 246, 246(2)(b) Trade Practices Act 1974 (Cth) ss 58(b), 75AZL(3)
Cases cited: Australian Communications and Media Authority v TPG Internet Pty Ltd [2014] FCA 382 Australian Competition & Consumer Commission v AirAsia Berhad Company [2012] FCA 1413 Australian Competition & Consumer Commission v Commercial and General Publications Pty Ltd [2002] FCA 900 Australian Competition & Consumer Commission v Lux Distributors (No 2) [2015] FCA 903 Australian Competition & Consumer Commission v Marksun Australia Pty Ltd [2011] FCA 695 Australian Competition & Consumer Commission v South East Melbourne Cleaning [2015] FCA 257 Australian Competition and Consumer Commission v ACN 135 183 372 (in liquidation) (formerly known as Energy Watch Pty Ltd) [2012] FCA 749 Australian Competition and Consumer Commission v AGL South Australia Pty Ltd [2015] FCA 399 Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068 Australian Competition and Consumer Commission v Chopra [2015] FCA 539 Australian Competition and Consumer Commission v Chubb Security Australia Pty Ltd [2004] FCA 1750 Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 Australian Competition and Consumer Commission v Origin Energy Limited [2015] FCA 55 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 7) [2016] FCA 424 Australian Competition and Consumer Commission v Reebok Australia Pty Ltd [2015] FCA 83 Australian Competition and Consumer Commission v Scoopon Pty Ltd [2014] FCA 820 Australian Competition and Consumer Commission v Sontax Australia (1988) Pty Ltd [2011] FCA 1202 Australian Competition and Consumer Commission v Titan Marketing Pty Ltd [2014] FCA 913 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44 Australian Competition and Consumer Commission v Zen Telecom Pty Ltd [2014] FCA 1049 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 550 Director of Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCA 1213 Director of the Fair Work Building Industry Inspectorate v Bragdon (No 2) [2015] FCA 998 Eva v Southern Motors Box Hill Pty Ltd [1977] FCA 2; (1977) 30 FLR 213 R v Richards (1980) 2 Cr App R (S) 119 R v Wright (No 2) [1968] VR 174 Ryan v R [2001] HCA 21; (2001) 206 CLR 267 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Trade Practices Commission v Cue Design Pty Ltd (1996) 85 A Crim R 500
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