Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Honda Australia Pty Ltd (No 2) [2023] FCA 1655 File number: VID 190 of 2022
Judgment of: MOSHINSKY J
Date of judgment: 22 December 2023
Catchwords: COSTS – where the applicant (the ACCC) sought declarations of contravention of misleading or deceptive conduct provisions and the imposition of a pecuniary penalty – where the main issue in dispute at the hearing was the quantum of the pecuniary penalty – where the penalty imposed was close to, but not as high as, that proposed by the ACCC – where most of the contraventions were admitted – where there was a relatively minor issue as to whether certain communications were misleading and this issue was resolved in the respondent's favour
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 29 Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 12
Date of last submissions: 20 December 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: Dr O Bigos KC with Ms C van Proctor
Solicitor for the Applicant: DLA Piper Australia
Counsel for the Respondent: Mr MI Borsky KC with Mr D Preston
Solicitor for the Respondent: Arnold Bloch Leibler
ORDERS VID 190 of 2022
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant
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