Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd [2016] FCA 541

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd [2016] FCA 541 File number(s): WAD 462 of 2013

Judge(s): SIOPIS J

Date of judgment: 18 May 2016

Catchwords: CONSUMER LAW – eggs were sold and marketed as "free range eggs" – hens housed in very large sheds with pop holes – whether the conditions in which the laying hens were found inhibited the ability and propensity of the hens to move around freely on an open range – whether most hens moved around freely on an open range on most days – whether the conduct of the respondent was misleading or deceptive or likely to mislead or deceive in describing the eggs laid by hens farmed in the prevailing conditions as "free range eggs" – whether the respondent contravened ss 18, 29 and 33 of the Australian Consumer Law.

Legislation: Australian Consumer Law ss 18, 18(1), 29(1)(a), 33, 219(2) (Sch 2 of the Competition and Consumer Act 2010 (Cth)) Competition and Consumer Act 2010 (Cth) ss 155(1)(b), 155(1)(c) Evidence Act 1995 (Cth) s 140 Trade Practices Act 1974 (Cth) ss 55, 53(a)

Cases cited: Google Inc v Australian Competition and Consumer Commission (2013) 249 CLR 435 Campomar Sociedad Limitada v Nike International Limited (2000) 202 CLR 45 CPA Australia Ltd v Dunn (2007) 74 IPR 495 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2014) 317 ALR 73 Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (1992) 38 FCR 1 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 4) [2013] FCA 665 Briginshaw v Briginshaw (1938) 60 CLR 336 Australian Competition and Consumer Commission v C.I. & Co Pty Ltd [2010] FCA 1511 Australian Competition and Consumer Commission v Bruhn [2012] FCA 959 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028