High Court of Australia

Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54

88 ALJR 176; 304 ALR 186

12 Dec 2013

Case Number: M98/2013


French CJ, Crennan, Bell, Gageler, Keane JJ


Consumer law – Misleading or deceptive conduct – Whether respondent's advertisements breached Trade Practices Act 1974 (Cth) ("TPA") and Australian Consumer Law – Whether "dominant message" approach correct – Whether ordinary and reasonable consumer would have starting assumption that advertised internet service was bundled with telephony service – Whether consumers must consider whole of advertisement (including small print or quickly spoken detail) to correct otherwise misleading headline representations.

Consumer law – Pecuniary penalties – Whether Full Court of Federal Court failed to adequately consider specific and general deterrence in reducing pecuniary penalty – Whether reduced pecuniary penalty manifestly inadequate – Whether primary judge correctly assessed number and classes of contraventions.

Words and phrases – "dominant message".

Trade Practices Act 1974 (Cth) – ss 52, 53, 53C(1)(c), 76E(3).

Competition and Consumer Act 2010 (Cth) – Sched 2, ss 18, 29, 224(3).

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