Mitsubishi Motors Australia Ltd v Begovic

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".

Competition and Consumer Act 2010 (Cth) – Sch 2, ss 2, 18, 106.

Motor Vehicle Standards Act 1989 (Cth) – ss 3, 5, 5A, 7, 9, 10, 10A, 10B, 13A, 14, 17, 18, 41.

Vehicle Standard (Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles) 2008 (Cth), cll 1.1, 4.1, 4.5.1, 4.6.1, 5.1, 6.1, 6.1.1, Appendices A, B, C.

Australian Consumer Law and Fair Trading Act 2012 (Vic) – ss 8, 224.