Australian Competition and Consumer Commission v Landmark Operations Limited (t/a Seednet) [2018] FCA 1977

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Landmark Operations Limited (t/a Seednet) [2018] FCA 1977 File number(s): VID 952 of 2018

Judge(s): O'CALLAGHAN J

Date of judgment: 7 December 2018

Catchwords: CONSUMER LAW – where applicant and respondent reached agreement as to liability and applicable penalties for respondent's breach of the Australian Consumer Law – where respondent made representations about quality and capabilities of a new agricultural product on the market – consideration of principles for penalties – court approved parties' agreement and made orders sought

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, ss 18, 29(1), 33, 224 Evidence Act 1995 (Cth), s 191 Federal Court of Australia Act 1976 (Cth), ss 21, 43

Cases cited: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; (2015) 327 ALR 540 Australian Competition and Consumer Commission v Ford Motor Company of Australia, [2018] FCA 703 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265; (2005) 215 ALR 30 Australian Competition and Consumer Commission v Woolworths (South Australia) Pty Ltd (t/a Mac's Liquor) [2003] FCA 530; (2003) 198 ALR 417 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249; [2012] FCAFC 20