Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 1472

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 1472 File number: NSD 1625 of 2015

Judge: YATES J

Date of judgment: 8 December 2016

Catchwords: CONSUMER LAW – unconscionable conduct in trade or commerce – whether the design and implementation of a scheme that was targeted to reducing a projected profit shortfall was unconscionable

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 21, 22

Cases cited: Attorney General of New South Wales v World Best Holdings Ltd (2005) 63 NSWLR 557; [2005] NSWCA 261 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] ATPR 42-447; [2013] FCAFC 90 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) [2015] FCA 25 Australian Securities and Investments Commission v National Exchange Pty Ltd (2005) 148 FCR 132; [2005] FCAFC 226 Canon Australia Pty Ltd v Patton (2007) 244 ALR 759; [2007] NSWCA 246 Director of Consumer Affairs Victoria v Scully (2013) 303 ALR 168; [2013] VSCA 292 Paciocco v Australia & New Zealand Banking Group Ltd (2016) 90 ALJR 835; [2016] HCA 28 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199; [2015] FCAFC 50 PT Ltd v Spuds Surf Chatswood Pty Ltd [2013] NSWCA 446