Mitsubishi Motors Australia Ltd v BegovicCitation:[2023] HCA 43Before:Gageler CJ, Gordon, Steward, Gleeson, Jagot JJDate:13 Dec 2023Case Number:M17/2023Read more

Mitsubishi Motors Australia Ltd v BegovicCitation:[2023] HCA 43Before:Gageler CJ, Gordon, Steward, Gleeson, Jagot JJDate:13 Dec 2023Case Number:M17/2023Read more

The appellants did not engage in misleading or deceptive conduct by applying the fuel consumption label because the conduct was expressly required by law, and statutory compulsion negates liability under s 18 of the Australian Consumer Law.

Parties
Appellant: Appellants; Respondent: Respondents
Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Civil / Judgment
Outcome
appeal allowed
Legal Topics
Misleading or Deceptive Conduct, Mandatory Statutory Compliance, Fuel Consumption Labelling
Consumer Protection Trade Practices Misleading or Deceptive Conduct Mandatory Statutory Compliance Fuel Consumption Labelling

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Appellants

Appellant

Respondents

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the appellants engaged in misleading or deceptive conduct by applying a fuel consumption label as required by law despite actual fuel consumption exceeding label values
  2. 2 Whether statutory compulsion to apply the label negates liability under s 18 of the Australian Consumer Law

Ratio Decidendi

The appellants did not engage in misleading or deceptive conduct by applying the fuel consumption label because the conduct was expressly required by law, and statutory compulsion negates liability under s 18 of the Australian Consumer Law.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The proceedings against the appellants are dismissed.