Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Mercedes-Benz Australia/Pacific Pty Ltd [2022] FCA 1059 File number: VID 438 of 2021
Judgment of: MIDDLETON J
Date of judgment: 2 September 2022
Date of publication of reasons: 8 September 2022
Catchwords: CONSUMER LAW – Takata airbag recall notice –admitted contraventions of s 127(1) of the Australian Consumer Law concerning compliance with recall notice –where the parties jointly proposed a declaration and agreed pecuniary penalty – declaration made and agreed pecuniary penalty appropriate within the meaning of s 224(1) of the Australian Consumer Law
Legislation: Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth) Consumer Goods (Motor Vehicles with Affected Takata Airbag Inflators and Specified Spare Parts) Recall Notice 2018
Cases cited: Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 399 ALR 599 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; (2015) 327 ALR 540 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243 Australian Securities and Investments Commission v Wooldridge [2019] FCAFC 172 Trade Practices Commission v CSR Ltd [1990] FCA 7; [1991] ATPR 41-076 viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49; (2021) 284 FCR 24
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