Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v HealthEngine Pty Ltd [2020] FCA 1203 File number: NSD 1255 of 2019
Judgment of: YATES J
Date of judgment: 20 August 2020
Catchwords: CONSUMER LAW – admitted contraventions of ss 18, 29(1)(b), 29(1)(e) and 34 of the Australian Consumer Law – whether agreed declarations, orders and pecuniary penalty appropriate – application of the course of conduct principle – where agreed form of declarations, orders and pecuniary penalty approved
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) ss 18, 29(1)(b), 29(1)(e), 34, 224(1)(a)(ii), 246(2)(b), 246(2)(c) Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a)
Cases cited: The Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 45
Date of hearing: 5 June 2020 and 10 August 2020
Counsel for the Applicant: Mr S White SC and Ms M Barnes
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr N Owens SC and Ms F Roughley
Solicitor for the Respondent: Gilbert + Tobin
ORDERS NSD 1255 of 2019
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
AND: HEALTHENGINE PTY LTD (ACN 138 767 021) Respondent
order made by: YATES J DATE OF ORDER: 20 AUGUST 2020
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