Recent Cases

Mitsubishi Motors Australia Ltd v Begovic [2023] HCA 43 (13 December 2023) (GAGELER CJ, GORDON, STEWARD, GLEESON AND JAGOT JJ)


Catchwords:


Trade practices – Consumer protection – Misleading or deceptive conduct – Where vehicle purchased with fuel consumption label applied in compliance with Motor Vehicle Standards Act 1989 (Cth) and Vehicle Standard (Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles) 2008 (Cth) – Where specific contents of label prescribed by law – Where evidence of fuel consumption of vehicle substantially exceeding fuel consumption values on label – Where proceedings commenced claiming appellants engaged in misleading or deceptive conduct, contravening s 18 of Australian Consumer Law – Whether appellants engaged in misleading or deceptive conduct in circumstances where required by law to apply fuel consumption label.

Words and phrases – “apparent conflict”, “apparent inconsistency”, “compulsion”, “conduct”, “conduct in trade or commerce”, “conduct required”, “conflict”, “contravention of s 18”, “field of operation”, “general prohibition”, “general provision”, “mandatory conduct”, “misleading or deceptive”, “national legislative scheme”, “reconciliation of statutory provisions”, “representations”, “safety standard”, “specific provision”.