Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, STEWARD, GLEESON AND JAGOT JJ

MITSUBISHI MOTORS AUSTRALIA LTD & ANOR APPELLANTS

AND

ZELKO BEGOVIC RESPONDENT

Mitsubishi Motors Australia Ltd v Begovic

[2023] HCA 43

Date of Hearing: 2 August 2023

Date of Judgment: 13 December 2023

M17/2023

ORDER

1. Appeal allowed.

2. Set aside orders 2 and 3 made by the Court of Appeal of the Supreme Court of Victoria on 5 August 2022 and, in lieu thereof, order that:

(a) the appeal be allowed; and

(b) the respondent's application to the Victorian Civil and Administrative Tribunal be dismissed.

3. The appellants pay the respondent's costs of the application for special leave to appeal and the appeal to this Court.

On appeal from the Supreme Court of Victoria

Representation

B W Walker SC with B M Gibson for the appellants (instructed by Thomson Geer Lawyers)

C A Moore SC with J T Gottschall for the respondent (instructed by Shine Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Mitsubishi Motors Australia Ltd v Begovic

Trade practices – Consumer protection – Misleading or deceptive conduct – Where vehicle purchased with fuel consumption label applied in compliance with Motor Vehicle Standards Act 1989 (Cth) and Vehicle Standard (Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles) 2008 (Cth) – Where specific contents of label prescribed by law – Where evidence of fuel consumption of vehicle substantially exceeding fuel consumption values on label – Where proceedings commenced claiming appellants engaged in misleading or deceptive conduct, contravening s 18 of Australian Consumer Law – Whether appellants engaged in misleading or deceptive conduct in circumstances where required by law to apply fuel consumption label.