Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2017] FCA 1251

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2017] FCA 1251 File number: NSD 2066 of 2016

Judge: MARKOVIC J

Date of judgment: 25 October 2017

Catchwords: CONSUMER LAW – misleading or deceptive conduct – consumer guarantee provisions – where representations made about the existence, exclusion or effect of a guarantee, right or remedy – where contraventions admitted – where agreed orders and pecuniary penalty – whether proposed relief appropriate – application allowed

Legislation: Australian Consumer Law ss 18, 29(1)(m), 29(1)(n), 64, 224, 232, 246 Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 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 Bunavit Pty Ltd [2016] FCA 6 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540; [2015] FCA 330 Australian Competition and Consumer Commission v Fisher & Paykel Customer Services Pty Ltd [2014] FCA 1393 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) [2011] FCA 382 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79; [1999] FCA 18 Australian Competition and Consumer Commission v Sampson [2011] FCA 1165 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) (2011) 282 ALR 246; [2011] FCA 761 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452; [2004] FCAFC 167 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Limited (1972) 127 CLR 421 ICI Australia Operation Pty Limited v Trade Practices Commission (1992) 38 FCR 248 Makarian v The Queen (2005) 228 CLR 357 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 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; [2012] FCAFC 20