Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068

Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068

Breast Check engaged in misleading or deceptive conduct and made false representations in its pamphlets about breast imaging services in contravention of s 52 and s 53(c) of the Trade Practices Act 1974 (Cth) (before 1 January 2011) and s 18 and s 29(1)(g) of the Australian Consumer Law (thereafter). Alexandra Boyd was knowingly involved as an accessory. Declarations, injunctions, and pecuniary penalties were appropriate responses, considering deterrence, seriousness, and financial circumstances.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Breast Check Pty Ltd ACN 119 038 274; Second Respondent: Alexandra Boyd
Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Civil Penalty Proceeding / Relief and Penalty Hearing After Liability Judgment
Outcome
Declarations made; injunctions granted; pecuniary penalties imposed; no corrective publication order; costs reserved for further submissions
Legal Topics
Misleading or Deceptive Conduct, False Representations, Pecuniary Penalties, Injunctions, Accessory Liability
Consumer Law Misleading or Deceptive Conduct False Representations Pecuniary Penalties Injunctions Accessory Liability

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Parties

Australian Competition and Consumer Commission

Applicant

Breast Check Pty Ltd ACN 119 038 274

First Respondent

Alexandra Boyd

Second Respondent

Procedural Posture

Civil Penalty Proceeding / Relief and Penalty Hearing After Liability Judgment

Legal Issues

  1. 1 Whether Breast Check Pty Ltd engaged in misleading or deceptive conduct and made false representations in relation to breast imaging services contrary to the Trade Practices Act 1974 (Cth) and the Australian Consumer Law
  2. 2 Whether Alexandra Boyd was knowingly concerned in or a party to those contraventions
  3. 3 What declaratory, injunctive and penalty relief is appropriate

Ratio Decidendi

Breast Check engaged in misleading or deceptive conduct and made false representations in its pamphlets about breast imaging services in contravention of s 52 and s 53(c) of the Trade Practices Act 1974 (Cth) (before 1 January 2011) and s 18 and s 29(1)(g) of the Australian Consumer Law (thereafter). Alexandra Boyd was knowingly involved as an accessory. Declarations, injunctions, and pecuniary penalties were appropriate responses, considering deterrence, seriousness, and financial circumstances.

Court Disposition

Declarations made; injunctions granted; pecuniary penalties imposed; no corrective publication order; costs reserved for further submissions

Orders

  • Declarations that Breast Check engaged in misleading or deceptive conduct and made false representations as per court's findings
  • Declarations that Alexandra Boyd was knowingly concerned in or party to the contraventions