Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd (No 2) [2021] FCA 453

Federal Court of Australia

Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd (No 2) [2021] FCA 453 File number(s): VID 1308 of 2017

Judgment of: WHEELAHAN J

Date of judgment: 3 May 2021

Catchwords: CONSUMER LAW – relief where applicant was found to have contravened ss 18 and 29(1)(m) on one occasion – where parties jointly proposed agreed relief comprising a declaration regarding the contraventions and a pecuniary penalty – whether the Court should exercise discretion to make the declaration – whether the proposed agreed pecuniary penalty is an appropriate penalty – declaration made – proposed agreed pecuniary penalty appropriate and orders made accordingly.

Legislation: Competition and Consumer Act 2020 (Cth) Schedule 2 – Australian Consumer Law ss 18, 29(1)(m), 224, 259(3), 260, 263(4) Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Non-Indemnification Personal Payment Case) [2018] FCAFC 97; 264 FCR 155 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Trade Practices Commission v CSR Ltd [1990] FCA 762; (1991) 13 ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49