Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998

Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998

Safe Breast Imaging Pty Ltd and Joanne Firth engaged in misleading or deceptive conduct and made false representations in their breast imaging service promotions, in breach of the Australian Consumer Law and the Trade Practices Act 1974, and Ms Firth was knowingly concerned. Given the seriousness of the contraventions, pecuniary penalties, injunctions, corrective publication, disqualification of Ms Firth from managing corporations, and an order for costs are appropriate and necessary for deterrence and protection of the public.

Jurisdiction
Australia
Judgment Date
16 September 2014
Procedural Posture
Civil / Penalty and Relief Determination Following Judgment on Liability
Outcome
Declarations, injunctions, pecuniary penalties, publication orders, disqualification order, retention of judgment, and costs awarded against respondents.
Legal Topics
['misleading or Deceptive Conduct' 'false Representations' 'pecuniary Penalties' 'injunctions' 'publication Orders' 'disqualification From Managing Corporations' 'costs']
['consumer Law'] ['misleading or Deceptive Conduct' 'false Representations' 'pecuniary Penalties' 'injunctions' 'publication Orders' 'disqualification From Managing Corporations' 'costs']

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Procedural Posture

Civil / Penalty and Relief Determination Following Judgment on Liability

Legal Issues

  1. 1 ['What is the appropriate relief and penalty to be imposed for contraventions of the Australian Consumer Law and Trade Practices Act 1974?' 'Should declarations, injunctions, pecuniary penalties, publication orders, and a disqualification order be made against the respondents?']

Ratio Decidendi

Safe Breast Imaging Pty Ltd and Joanne Firth engaged in misleading or deceptive conduct and made false representations in their breast imaging service promotions, in breach of the Australian Consumer Law and the Trade Practices Act 1974, and Ms Firth was knowingly concerned. Given the seriousness of the contraventions, pecuniary penalties, injunctions, corrective publication, disqualification of Ms Firth from managing corporations, and an order for costs are appropriate and necessary for deterrence and protection of the public.

Court Disposition

Declarations, injunctions, pecuniary penalties, publication orders, disqualification order, retention of judgment, and costs awarded against respondents.

Orders

  • ['Declarations made regarding contraventions by Safe Breast Imaging and Joanne Firth.' 'Safe Breast Imaging and Joanne Firth restrained by injunction from making specified representations unless reasonable grounds exist.' 'Pecuniary penalty: Safe Breast Imaging to pay $200,000 to the Commonwealth within 30 days.'...