Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd (No 2) [2017] FCA 834

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd (No 2) [2017] FCA 834 File number(s): WAD 462 of 2013

Judge(s): SIOPIS J

Date of judgment: 25 July 2017

Catchwords: CONSUMER LAW – pecuniary penalty – representations made that the eggs sold were "free range" eggs – consumers paid a premium price on the basis that the eggs were free range eggs – loss to consumers by contravening conduct – benefit to contravenor – revised agreed penalty – deterrence – whether revised agreed penalty an appropriate penalty.

Legislation: Australian Consumer Law ss 18(1), 29(1)(a), 33, 134, 219(2), 224(1), 224(2) (Sch 2 of the Competition and Consumer Act 2010 (Cth)) Competition and Consumer Act 2010 (Cth) s 155(1)(b) Evidence Act 1995 (Cth) s 191

Cases cited: Australian Competition and Consumer Commission v Snowdale Holdings Pty Ltd [2016] FCA 541 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 90 ALJR 113 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 2) [2012] FCA 19 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 5) [2013] FCA 1109 Australian Competition and Consumer Commission v RL Adams [2015] FCA 1016 Australian Competition and Consumer Commission v Derodi Pty Ltd [2016] FCA 365