Case M17/2023

Mitsubishi Motors Australia Ltd & Anor v. Begovic

Case No.

Case no M17/2023

Case Information

Lower Court Judgment

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

[2022] VSCA 155


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.


17/02/2023 Hearing (SLA, Canberra by video connection)

01/03/2023 Notice of appeal

11/04/2023 Written submissions (Appellants)

11/04/2023 Chronology (Appellants)

09/05/2023 Written submissions (Respondent)

30/05/2023 Reply

02/08/2023 Hearing (Full Court, Canberra)

01/08/2023 Outline of oral argument (Appellants)

02/08/2023 Outline of oral argument (Respondent)

13/12/2023 Judgment (Judgment summary)