Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd (No 2) [2020] FCA 802

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd (No 2) [2020] FCA 802 File number: WAD 229 of 2019

Judge: COLVIN J

Date of judgment: 9 June 2020

Catchwords: CONSUMER LAW - application by regulator for declarations of contraventions, disqualification order, pecuniary penalties and publication orders - where facts and proposed orders agreed by parties - whether company engaged in misleading conduct in contravention of s 18(1) of Australian Consumer Law - whether company made false representations in contravention of s 29(1)(l) and s 29(1)(m) of ACL - whether company engaged in unconscionable conduct in contravention of s 21 of ACL - consideration of standard of conscience fixed by statutory notion of unconscionable conduct - where no indication that company's conduct exploited vulnerability of investors - consideration of quantum of appropriate penalty for company - whether agreed quantum of penalty for sole director and secretary of company within permissible range - proposed orders made save as to orders declaring unconscionable conduct

Legislation: Competition and Consumer Act 2010 (Cth) s 137H, Schedule 2 (Australian Consumer Law) ss 18, 21, 22, 29, 224

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330 Australian Competition and Consumer Commission v Geowash Pty Ltd (Subject to a Deed of Company Arrangement) (No 4) [2020] FCA 23 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) [2011] FCA 382 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Securities & Investments Commission v Westpac Banking Corporation [2018] FCA 1733 Australian Securities and Investments Commission v Kobelt [2019] HCA 18 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50; (2015) 236 FCR 199 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Trade Practices Commission v CSR Ltd [1990] FCA 762