Australian Competition and Consumer Commission v Kingisland Meatworks & Cellars Pty Ltd [2013] FCA 48

Australian Competition and Consumer Commission v Kingisland Meatworks & Cellars Pty Ltd [2013] FCA 48

Kingisland Meatworks & Cellars Pty Ltd engaged in misleading and deceptive conduct, and made false or misleading representations about the place of origin of its meat, in breach of s 53(eb) and 52 of the TPA before 1 January 2011 and s 29(1)(k) and 18 of the ACL thereafter. Alexander Michael Mastromanno was knowingly involved. The Court imposed declarations, injunctions, a publication order, pecuniary penalty of $50,000, and ordered payment of costs, based on the principles of deterrence and proportionality to the business size, conduct, and financial position.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Civil / Post Trial Judgment and Relief
Outcome
Declarations made, injunctions granted for three years, publication orders for corrective notices at premises, pecuniary penalty of $50,000 imposed, probation order refused, costs awarded to ACCC, no compliance program ordered.
Legal Topics
['misleading and Deceptive Conduct' 'false or Misleading Representations' 'place of Origin of Goods' 'remedies' 'pecuniary Penalty' 'corrective Advertising' 'adverse Publicity Orders']
['trade Practices' 'consumer Law'] ['misleading and Deceptive Conduct' 'false or Misleading Representations' 'place of Origin of Goods' 'remedies' 'pecuniary Penalty' 'corrective Advertising' 'adverse Publicity Orders']

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Procedural Posture

Civil / Post Trial Judgment and Relief

Legal Issues

  1. 1 ['Whether Kingisland Meatworks & Cellars Pty Ltd engaged in misleading and deceptive conduct by representing meat as originating from King Island when it did not' 'Whether false or misleading representations were made concerning the place of origin of goods' 'Whether Alexander Michael Mastromanno was knowingly involved in the contraventions' 'Appropriate remedies and penalties under TPA and ACL']

Ratio Decidendi

Kingisland Meatworks & Cellars Pty Ltd engaged in misleading and deceptive conduct, and made false or misleading representations about the place of origin of its meat, in breach of s 53(eb) and 52 of the TPA before 1 January 2011 and s 29(1)(k) and 18 of the ACL thereafter. Alexander Michael Mastromanno was knowingly involved. The Court imposed declarations, injunctions, a publication order, pecuniary penalty of $50,000, and ordered payment of costs, based on the principles of deterrence and proportionality to the business size, conduct, and financial position.

Court Disposition

Declarations made, injunctions granted for three years, publication orders for corrective notices at premises, pecuniary penalty of $50,000 imposed, probation order refused, costs awarded to ACCC, no compliance program ordered.

Orders

  • ['Declarations as to contravening conduct by Kingisland Meatworks & Cellars Pty Ltd and Alexander Michael Mastromanno' 'Injunction restraining Kingisland Meatworks & Cellars Pty Ltd for 3 years from making misrepresentations regarding meat origin' 'Injunction restraining Alexander Michael Mastromanno for 3 years...