Australian Competition and Consumer Commission v Virgin Australia Airlines Pty Ltd (No 2) [2017] FCA 204

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Virgin Australia Airlines Pty Ltd (No 2) [2017] FCA 204 File number: NSD 616 of 2014

Judge: FOSTER J

Date of judgment: 7 March 2017

Catchwords: CONSUMER LAW – remedies for a contravention of ss 18, 29(1)(i) and 29(1)(m) of the Australian Consumer Law – declaration made – no injunctive relief granted as claim for such relief was abandoned by the applicant and, in any event, the grant of such relief became unnecessary – agreed pecuniary penalty of $200,000 imposed – proceeding otherwise dismissed with no orders as to costs

Legislation: Australian Consumer Law, ss 18, 29(1)(i), 29(1)(m) and 224 Trade Practices Act 1974 (Cth)

Cases cited: Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263; [2016] ATPR 42-523 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition & Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 154 Barbaro v The Queen (2014) 253 CLR 58 Clean Energy Regulator v MT Solar Pty Ltd [2013] FCA 205 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; [2004] ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Limited (1991) ATPR 41-076