Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Kogan Australia Pty Ltd (No 2) [2020] FCA 1751 File number: VID 544 of 2019
Judgment of: DAVIES J
Date of judgment: 7 December 2020
Catchwords: CONSUMER LAW – penalties for breaches of the Australian Consumer Law – declarations made – pecuniary penalties – synthesis of relevant factors to determine overall figure – injunctive relief not warranted – corrective advertising not warranted
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2: Australian Consumer Law s 18, 29, ch 4, pt 5-2, 224, 232, 246(2)(d), 247(1) Federal Court of Australia Act 1976 (Cth) s 21, 37N Trade Practices Act 1974 (Cth) s 87B
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Competition and Consumer Commission v Coles Supermarkets [2015] FCA 330 Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 5) [2019] FCA 1544 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2007] FCAFC 146; 161 FCR 513 Australian Competition and Consumer Commission v Kogan Australia Pty Ltd [2020] FCA 1004 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2010] FCA 790; 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 Australian Competition and Consumer Commission v viagogo AG (No 3) [2020] FCA 1423 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Singtel Optus v Australian Competition and Consumer Commission (No 4) [2011] FCA 761; 282 ALR 246 Trade Practices Commission v CSR Limited [1990] FCA 521; (1991) ATPR 41-076
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