Australian Competition and Consumer Commission v Apple Pty Ltd (No 2) [2017] FCA 1329

Australian Competition and Consumer Commission v Apple Pty Ltd (No 2) [2017] FCA 1329

Leave to amend was granted because the revised proposed further amended concise statement retained an explanation, albeit at a high level, of why the Error 53 software fault occurred and pleaded a logically coherent set of material facts capable of supporting the ACCC's allegations that the representations were false, misleading or deceptive or likely to mislead or deceive under ss 18 and 29(1)(m) of the Australian Consumer Law.

Jurisdiction
Australia
Judgment Date
14 November 2017
Procedural Posture
Practice and Procedure; Application for Leave to Amend Originating Application and Concise Statement in Australian Consumer Law Proceeding / Interlocutory Application Determined on the Papers After Case Management Hearing
Outcome
Application for leave to amend granted; costs thrown away by the amendments to be paid by the applicant, otherwise costs reserved.
Legal Topics
['leave to Amend' 'concise Statement' 'misleading or Deceptive Conduct' 'false or Misleading Representations About Consumer Guarantees' 'australian Consumer Law Ss 18 and 29(1)(m)']
['practice and Procedure' 'competition and Consumer Law'] ['leave to Amend' 'concise Statement' 'misleading or Deceptive Conduct' 'false or Misleading Representations About Consumer Guarantees' 'australian Consumer Law Ss 18 and 29(1)(m)']

Case Brief

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Procedural Posture

Practice and Procedure; Application for Leave to Amend Originating Application and Concise Statement in Australian Consumer Law Proceeding / Interlocutory Application Determined on the Papers After Case Management Hearing

Legal Issues

  1. 1 ['Whether the applicant should have leave to file and serve an amended originating application and a further amended concise statement.' 'Whether the proposed further amended concise statement pleaded sufficient material facts to support alleged contraventions of ss 18 and 29(1)(m) of the Australian Consumer Law.']

Ratio Decidendi

Leave to amend was granted because the revised proposed further amended concise statement retained an explanation, albeit at a high level, of why the Error 53 software fault occurred and pleaded a logically coherent set of material facts capable of supporting the ACCC's allegations that the representations were false, misleading or deceptive or likely to mislead or deceive under ss 18 and 29(1)(m) of the Australian Consumer Law.

Court Disposition

Application for leave to amend granted; costs thrown away by the amendments to be paid by the applicant, otherwise costs reserved.

Orders

  • ['The applicant have leave to file and serve an amended originating application and a further amended concise statement, in the form provided to the Court by email on 1 November 2017, by 4.00 pm on 15 November 2017.' "The applicant pay the respondents' costs thrown away by reason of the amendments for which leave...