Mitsubishi Motors Australia Ltd & Anor v. Begovic

Lower Court Judgment

05/08/2022 Supreme Court of Victoria (Emerton P, McLeish & Macaulay JJA)

[2022] VSCA 155

Catchwords

Trade practices – Misleading or deceptive conduct – Where fuel consumption label affixed to new vehicle offered for sale – Where affixing of label required by Motor Vehicle Standards Act 1989 (Cth) and Vehicle Standard (Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles) 2008 ("Standard")– Where label displayed fuel consumption figures derived from standard testing of vehicle type – Where purchased vehicle unable to substantially achieve label figures under standard test – Where Court of Appeal found affixing of fuel consumption label to respondent's vehicle, and presenting and offering vehicle for sale with label affixed, appellants engaged in misleading or deceptive conduct in contravention of s 18 of Australian Consumer Law – Whether conduct required by Standard can give rise to contravention of s 18 of Australian Consumer Law.