Australian Competition and Consumer Commission v Smash Enterprises Pty Ltd [2011] FCA 375

Australian Competition and Consumer Commission v Smash Enterprises Pty Ltd [2011] FCA 375

Fantastic Furniture contravened s 65C of the Trade Practices Act by supplying bean bag covers without required warning labels, justifying declarations, a penalty of $300,000, injunction restraining further supply of non-compliant goods and costs order. The penalty is within the permissible range and relief is appropriate given admission, cooperation, and compliance steps.

Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Civil / Final Judgment/relief Granted by Consent
Outcome
Declarations granted, injunction imposed, pecuniary penalty and costs ordered by consent against Fantastic Furniture Pty Ltd
Legal Topics
['consumer Product Safety Standards' 'pecuniary Penalties' 'declaratory Orders' 'injunctions']
['competition Law' 'consumer Law'] ['consumer Product Safety Standards' 'pecuniary Penalties' 'declaratory Orders' 'injunctions']

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Procedural Posture

Civil / Final Judgment/relief Granted by Consent

Legal Issues

  1. 1 ['Whether the supply of bean bag covers without prescribed warning labels contravened s 65C of the Trade Practices Act 1974 (Cth)' 'Whether a pecuniary penalty should be imposed for contraventions of consumer product safety standards' 'Whether declaratory and injunctive relief should be granted']

Ratio Decidendi

Fantastic Furniture contravened s 65C of the Trade Practices Act by supplying bean bag covers without required warning labels, justifying declarations, a penalty of $300,000, injunction restraining further supply of non-compliant goods and costs order. The penalty is within the permissible range and relief is appropriate given admission, cooperation, and compliance steps.

Court Disposition

Declarations granted, injunction imposed, pecuniary penalty and costs ordered by consent against Fantastic Furniture Pty Ltd

Orders

  • ['Declaration that Fantastic Furniture contravened s 65C of the Trade Practices Act 1974 (Cth) by supplying 4,384 bean bag covers to consumers and 235 to franchisees that did not comply with prescribed safety standards' 'Declaration that Fantastic Furniture breached clause 13(a) of its undertaking under s 87B of the...