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Australia decisions
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Productivity Partners Pty Ltd v Australian Competition and Consumer Commission [2024] HCA 27
The High Court dismissed appeals over unconscionable conduct in a VET FEE-HELP enrolment scheme and held Mr Wills was knowingly concerned in the contravention.
The High Court held that Productivity Partners engaged in unconscionable conduct and that Mr Wills was knowingly concerned in the contravention.
The High Court held that compliance with a label required by law was not misleading or deceptive conduct under s 18 of the Australian Consumer Law.
Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43
The High Court held that mandatory fuel consumption labelling did not, of itself, amount to misleading or deceptive conduct under s 18 of the ACL.
Berry v CCL Secure Pty Ltd [2020] HCA 27
The High Court restored damages for appellants after finding the respondent failed to prove it would have lawfully terminated the agency agreement before June 2010.
Balls & Tackles Pty Limited v International Management Group of America Pty Ltd [2019] NSWDC 290
The District Court dismissed Balls & Tackles’ misleading-conduct claim, finding the pleaded representations were not proved and no reliance or authority was established.
Williamson v Elders Rural Services Australia Ltd [2019] NSWCA 137
The Court of Appeal dismissed Mr Williamson’s out-of-time application for leave to appeal against refusal to amend, holding the proposed Trade Practices Act claim was barred by issue estoppel.
Australian Securities and Investments Commission v Kobelt [2019] HCA 18
The High Court dismissed ASIC’s appeal, holding that Mr Kobelt’s book-up system for Anangu customers was not unconscionable under s 12CB of the ASIC Act.
The High Court held that a book-up credit system for Anangu customers was not unconscionable under s 12CB of the ASIC Act, and dismissed the application.
Digital Central Australia (Assets) Pty Ltd v Stefanovski (No 2) [2017] FCA 1000
The Federal Court granted injunctions, damages and equitable compensation for misuse of confidential information and statutory misconduct in a franchise dispute.
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